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STATE OF CAL. v. SETTLE

No. 82-4481.

708 F.2d 1380 (1983)

STATE OF CALIFORNIA and Beverlee Myers in her capacity as Director of the State Department of Health Services, Plaintiffs-Appellants, v. Norval D. SETTLE, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 17, 1983.

Attorney(s) appearing for the Case

Ellen J. Sazzman, Dept. of Justice, Allan Gnessin, Dept. of Health & Human Services, Washington, D.C., for defendants-appellees.

Elizabeth C. Brandt, Sacramento, Cal., for plaintiffs-appellants.

Before WRIGHT, CANBY, and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

The Secretary of the United States Department of Health & Human Services recovered payments made to California under the Medicaid program. The payments were the federal share of costs erroneously incurred in the administration of the program. California appealed the recoupment to the Departmental Grant Appeals Board, contending that the Secretary could only recover the federal share of erroneous payments above a tolerance level for unavoidable...

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