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STATE OF N.C. v. HECKLER

No. 83-85-CIV-5.

584 F.Supp. 179 (1984)

The STATE OF NORTH CAROLINA and The North Carolina Department of Human Resources, ex rel. Sarah T. Morrow, Secretary of Human Resources, Plaintiffs, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendants.

United States District Court, E.D. North Carolina, Raleigh Division.

March 26, 1984.

Attorney(s) appearing for the Case

Steven M. Shaber, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., for plaintiffs.

James S. Perry, Asst. U.S. Atty., Raleigh, N.C., for defendants; Carl H. Harper, Regional Atty., Dept. of Health and Human Services, Atlanta, Ga., of counsel.

ORDER

DUPREE, District Judge.

North Carolina brought this action to review a final decision of the Secretary of Health and Human Services (Secretary) requiring the state to repay $788,016 which represents interest earned on the federal government's share of recovered overpayments to health care providers. The action is before the court on the parties' cross-motions for judgment on the pleadings.

I.

By enacting Title XIX of the Social Security...

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