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STATE OF ILL. BY ILLINOIS DEPT. OF PUBLIC AID v. UNITED STATES DEPT. OF HEALTH AND HUMAN SERVICES

No. 84-2535.

772 F.2d 329 (1985)

STATE OF ILLINOIS, by the ILLINOIS DEPARTMENT OF PUBLIC AID, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES and Margaret Heckler, Secretary of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 30, 1985.

Attorney(s) appearing for the Case

Karen Konieczny, Asst. Atty. Gen., Chicago, Ill., for plaintiff-appellant.

Robert S. Lavet, Civil Div., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before CUMMINGS, Chief Judge, CUDAHY, Circuit Judge, and TIMBERS, Senior Circuit Judge.

CUMMINGS, Chief Judge.

The State of Illinois, by the Department of Public Aid (the "DPA" or the "State"), seeks to overturn the United States Department of Health and Human Services' disallowance of federal reimbursement funds claimed by the DPA under the Medicaid program, Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (commonly referred to as the "Medicaid" Act), for monies expended in providing certain abortion services pursuant to federal...

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