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STATE OF MINN. BY NOOT v. HECKLER

Nos. 82-1164, 82-2297.

718 F.2d 852 (1983)

STATE OF MINNESOTA, by its Commissioner of Public Welfare, Arthur E. NOOT, Petitioner, v. Margaret M. HECKLER, Secretary, and the United States Department of Health and Human Services, Respondents. STATE OF MINNESOTA, by its Commissioner of Public Welfare, Arthur E. NOOT, Appellee, v. Margaret M. HECKLER, in her official capacity as Secretary of the United States Department of Health and Human Services, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 30, 1983.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., State of Minn., Alan T. Held, Sp. Asst. Atty. Gen., St. Paul, Minn., for petitioner.

Susanne M. Lee, Dept. of Health and Human Services, Washington, D.C., for respondents; Juan A. del Real, Gen. Counsel, Ann T. Hunsaker, Asst. Gen., Sarah W. Wilcox, Dept. of Health and Human Services, of counsel.

Charles A. Miller, J. Peter Byrne, Covington & Burling, Washington, D.C., for the States of Ala., Conn., Md., Mich., Mo., N.Y., Okl., R.I., W.Va., Wis., amici curiae.

Hubert H. Humphrey, III, Atty. Gen., State of Minn., Alan T. Held, Sp. Asst. Atty. Gen., St. Paul, Minn., for State of Minn.

Before LAY, Chief Judge, ROSS and FAGG, Circuit Judges.

LAY, Chief Judge.

These cases were consolidated for purposes of resolving issues of subject matter jurisdiction and conflicting interpretations of Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (1976 & Supp. V 1981). The State of Minnesota contests a decision of the Secretary of the United States Department of Health and Human Services (HHS) disallowing federal financial participation to the State...

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