COM. OF MASS. v. SECRETARY OF HEALTH & HUMAN SERV.

No. 84-1197.

749 F.2d 89 (1984)

The COMMONWEALTH OF MASSACHUSETTS, By its DEPARTMENT OF PUBLIC WELFARE, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 28, 1984.


Attorney(s) appearing for the Case

Robert A. Dublin, Washington, D.C., Atty., Office of the Gen. Counsel, Dept. of Health and Human Services, with whom Juan A. Del Real, Gen. Counsel, Office of the Gen. Counsel, Dept. of Health and Human Services, and Ann T. Hunsaker, Asst. Gen. Counsel, Dept. of Health and Human Services, Washington, D.C., were on brief, for defendants, appellants.

William L. Pardee, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Ellen L. Janos, Asst. Atty. Gen., Boston, Mass., were on brief, for plaintiff, appellee.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and PEREZ-GIMENEZ, District Judge.


LEVIN H. CAMPBELL, Chief Judge.

This appeal involves a dispute between Massachusetts and the Secretary of Health and Human Services ("the Secretary") over Massachusetts' right to be federally reimbursed for certain unrecovered advances to nursing homes. Procedural aspects of the dispute were previously before us in Massachusetts v. Departmental Grant Appeals Board, 698 F.2d 22 (1st Cir.1983). We held there that 42 U.S.C. &...

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