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STATE OF VT. DEPT. OF SOC. AND REHABILITATION SERVICES v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 970, Docket 85-6320.

798 F.2d 57 (1986)

STATE OF VERMONT DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES and Otis Bowen, M.D., Secretary, in his official capacity, his agents and assigns, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 12, 1986.

Attorney(s) appearing for the Case

Steven B. McLeod, Sp. Asst. Atty. Gen., Barre, Vt. (Michael O. Duane, Asst. Atty. Gen., Vermont Dept. of Social and Rehabilitation Services, of counsel), for plaintiff-appellee.

Christopher B. Baril, Asst. U.S. Atty., Rutland, Vt. (Joyce Elise McCourt, Asst. Regional Atty., Dept. of HHS, Boston, Mass., George W.F. Cook, U.S. Atty., D. Vt., Richard K. Willard, Asst. U.S. Atty. Gen., of counsel), for defendants-appellants.

Carol R. Golubock, Washington, D.C. (Marion Wright Edelman, Children's Defense Fund, Washington, D.C., Nancy Flickinger, Patrick O'Keefe, Robert P. Parker, Peter K. Rofes and Daniel M. Singer, Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C., of counsel), for amicus curiae Children's Defense Fund.

Before KAUFMAN, TIMBERS and MINER, Circuit Judges.

MINER, Circuit Judge:

The Secretary of the United States Department of Health and Human Services ("Secretary") appeals from a judgment of the United States District Court for the District of Vermont (Billings, J.) reversing a decision of the Department of Health and Human Services Grant Appeals Board ("GAB") which held the state of Vermont ineligible for certain previously distributed federal foster care funds. For the reasons set forth below, we reverse.

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