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STATE OF WIS., DEPT. OF HEALTH AND SOCIAL SERVICES v. BOWEN

No. 85-1207.

797 F.2d 391 (1986)

STATE of WISCONSIN, DEPARTMENT of HEALTH and SOCIAL SERVICES, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 21, 1986.

Attorney(s) appearing for the Case

Laurence Gilbert, Asst. Regional Atty., Dept. of Health and Human Services, Chicago, Ill., for defendant-appellant.

Jody Melms, Wisconsin Dept. of Justice, Madison, Wis., for plaintiff-appellee.

Before CUDAHY, ESCHBACH, and COFFEY, Circuit Judges.

CUDAHY, Circuit Judge.

We are asked in this appeal to decide whether the Secretary of Health and Human Services (the "Secretary") abused his discretion by interpreting the "utilization control" provisions of the Medicaid statute, 42 U.S.C. §§ 1396a(a)(30), 1396b(g)(1), and accompanying regulations, 42 C.F.R. Parts 442 & 456, in an arbitrary and capricious manner.1 The district court ruled that he had and remanded the case...

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