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STATE OF MO. v. BOWEN

No. 85-4592-CV-C-5.

638 F.Supp. 37 (1986)

STATE OF MISSOURI, et al., Plaintiffs, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, et al., Defendants.

United States District Court, W.D. Missouri, C.D.

April 1, 1986.

Attorney(s) appearing for the Case

Robert Presson, Asst. Atty. Gen., Gregory W. Schroeder, Jefferson City, Mo., for plaintiffs.

Kenneth Josephson, Asst. U.S. Atty., Kansas City, Mo., Marcus Christ, Dept. of Health & Human Services, Baltimore, Md., for defendants.

ORDER

SCOTT O. WRIGHT, Chief Judge.

Pending before the Court are cross-motions for summary judgment.1 For the reasons set forth below, defendants' motion for summary judgment as to Counts I and II will be sustained, plaintiffs' motion for summary judgment as to Counts I and II will be overruled, and both parties' motions for summary judgment as to Count III will be overruled.

I. Regulatory Background

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