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KOZERA v. SPIRITO

Nos. 83-1250, 83-1251.

723 F.2d 1003 (1983)

Carole KOZERA, etc., Plaintiffs, Appellees, v. Thomas S. SPIRITO, et al., Defendants and Third-Party Plaintiffs, Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Third-Party Defendant, Appellee. Geraldine BISHOP, Plaintiff, Appellee, v. Thomas S. SPIRITO, Defendant and Third-Party Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 16, 1983.

Attorney(s) appearing for the Case

H. Reed Witherby, Asst. Atty. Gen., Boston, Mass., Government Bureau, with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for Department of Public Welfare, et al.

Edward R. Cohen, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., William F. Weld, U.S. Atty., Boston, Mass., and Robert S. Greenspan, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., were on brief, for Secretary of Health and Human Services.

Before CAMPBELL, Chief Judge, GIBSON, Senior Judge, and COFFIN, Circuit Judge.

COFFIN, Circuit Judge.

This case presents the question whether the federal district court properly dismissed, on grounds of sovereign immunity, a third-party complaint filed by the Massachusetts Department of Public Welfare and its Commissioner ("Commissioner") against the Secretary of Health and Human Services ("Secretary").

This litigation traces its genesis to a 1981 amendment to a portion of the Social Security Act, 42 U.S.C. § 602(a)(31), which requires...

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