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COM. OF MASS. v. DEPARTMENTAL GRANT, ETC.

No. 82-1364.

698 F.2d 22 (1983)

COMMONWEALTH OF MASSACHUSETTS, by its Department of Public Welfare, Petitioner, v. DEPARTMENTAL GRANT APPEALS BOARD OF the UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Respondents.

United States Court of Appeals, First Circuit.

Decided January 12, 1983.

Attorney(s) appearing for the Case

William L. Pardee, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Leah S. Crothers, Asst. Atty. Gen., and Ellen L. Janos, Asst. Atty. Gen., Boston, Mass., were on brief, for petitioner.

Robert A. Dublin, Atty., Annandale, Va., with whom Juan A. Del Real, Gen. Counsel, and Ann T. Hunsaker, Asst. Gen. Counsel, Washington, D.C., were on brief, for respondents.

Before PECK, Senior Circuit Judge, CAMPBELL and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This is a petition filed by the Commonwealth of Massachusetts seeking review under 42 U.S.C. § 1316(a)(3) of an administrative determination by the Secretary of Health and Human Services. The challenged decision would require Massachusetts to bear alone — without federal financial aid — the full cost of unrecovered excess interim payments which the state made to nursing homes under the joint federal-state medical...

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