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MARYLAND DEPT. OF HUMAN RESOUR. v. DEPT. OF H.H.S.

No. 83-2344.

763 F.2d 1441 (1985)

MARYLAND DEPARTMENT OF HUMAN RESOURCES, et al., Appellants, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 1985.

Attorney(s) appearing for the Case

Ralph S. Tyler, III, Baltimore, Md., for appellants.

Mitchell R. Berger, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellees.

Before WALD, EDWARDS and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

The Maryland Department of Human Resources ("Maryland" or "MDHR") appeals from a district court order upholding a final decision by the Department of Health and Human Services ("HHS"). HHS determined that Maryland, during 1977 and 1978, misspent $207,350 in federal grant monies received pursuant to Title XX of the Social Security Act. That Act, until amended in 1981, provided federal grants...

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