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GA. DEPT. OF MED. ASSIST. v. U.S. DEPT. OF H. & HUM.

No. 83-8230.

708 F.2d 627 (1983)

GEORGIA DEPARTMENT OF MEDICAL ASSISTANCE, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, and Margaret Heckler, Secretary, Respondent.

United States Court of Appeals, Eleventh Circuit.

June 27, 1983.

Attorney(s) appearing for the Case

Mark H. Cohen, Asst. Atty. Gen., Atlanta, Ga., for petitioner.

Shelley B. Slafkes, Asst. Regional Atty., Atlanta, Ga., for respondent.

Before GODBOLD, Chief Judge, FAY and CLARK, Circuit Judges.

BY THE COURT:

This Medicaid case involves an effort by the Georgia Department of Medical Assistance (GDMA) to obtain reimbursement from the U.S. Department of Health and Human Services (HHS) for funds GDMA spent on abortion services for medicaid patients pursuant to a court order.

In June of 1979, a federal district court invalidated GDMA's regulations placing tight restrictions on medicaid reimbursement for abortions. Doe v. Busbee,

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