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NEW YORK CITY HEALTH AND HOSPITALS CORP. v. BLUM

No. 795, Docket 82-6257.

708 F.2d 880 (1983)

NEW YORK CITY HEALTH AND HOSPITALS CORP., Plaintiff-Appellant, v. Barbara A. BLUM, as Commissioner of Social Services of the State of New York, David Axelrod, as Commissioner of Health of the State of New York, Howard F. Miller, as Director of the Budget of the State of New York, and Patricia R. Harris, as Secretary of the United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 25, 1983.

Attorney(s) appearing for the Case

Peter F. Nadel, New York City (Rosenman, Colin, Freund, Lewis & Cohen, New York City, of counsel), for plaintiff-appellant.

J.D. Pope, Asst. U.S. Atty., S.D.N.Y., New York City (John S. Martin, Jr., U.S. Atty., S.D.N.Y., Michael H. Dolinger, Asst. U.S. Atty., S.D.N.Y., New York City, of counsel), for defendant-appellee Secretary of the Dept. of Health and Human Services.

Neal Johnston, Asst. Atty. Gen., State of N.Y., New York City (Robert Abrams, Atty. Gen. State of N.Y., New York City, of counsel), for defendants-appellees Barbara B. Blum, David Axelrod, and Howard F. Miller.

Before VAN GRAAFEILAND, PIERCE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

New York City Health and Hospitals Corporation (HHC) appeals from Judge Brieant's dismissal of its five count complaint alleging the invalidity of certain provisions of the New York State Plan for Medical Assistance, (State Plan), N.Y.Admin.Code, tit. 10, § 86 (approved Jan. 1, 1980). We affirm.

BACKGROUND

HHC is a public benefit corporation which operates fourteen municipal hospitals and numerous health care facilities...

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