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COM. OF PA. v. DEPT. OF HEALTH & HUMAN SERVICES

No. 82-3547.

723 F.2d 1114 (1983)

COMMONWEALTH OF PENNSYLVANIA, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Third Circuit.

Decided December 21, 1983.

Rehearing and Rehearing Denied February 15, 1984.

Attorney(s) appearing for the Case

Stanley Slipakoff (argued), Asst. Counsel, Chief of Litigation, Southeast Field Office, Dept. of Public Welfare, Philadelphia, Pa., for petitioner.

Diane C. Moskal, Regional Atty., James S. Feight, Jr., Asst. Regional Atty., Javier Arrastia (argued), Dept. of Health and Human Services, Philadelphia, Pa., for respondent.

Before WEIS, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 15, 1984.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The Commonwealth of Pennsylvania appeals from a decision by the Department of Health and Human Services (HHS) denying reimbursement for funds that the Commonwealth expended under the Medicaid program for abortions performed immediately after the Hyde amendment took effect. We must resolve two major issues: first, whether this court has jurisdiction...

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