N.Y. STATE DEPT. OF SOCIAL SERVICES v. BOWEN

No. 87-5031.

835 F.2d 360 (1987)

N.Y. STATE DEPARTMENT OF SOCIAL SERVICES, Appellant, v. Otis R. BOWEN, Secretary, H.H.S., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 1987.


Attorney(s) appearing for the Case

Charles A. Miller, with whom Richard A. Friedman, Washington, D.C., was on the brief, for appellant.

Jaclyn Taner, Office of the General Counsel, U.S. Dept. of Health and Human Services, New York City, of the Bar of the Court of Appeals of New York, pro hac vice by special leave of Court, with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence, Edith S. Marshall and Robert C. Seldon, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellees.

Peter L. Zimroth, Corp. Counsel for the City of New York, New York City, was on the brief for amicus curiae, The City of New York, urging reversal.

Before ROBINSON, RUTH BADER GINSBURG and STARR, Circuit Judges.


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This is an appeal from a District Court decision upholding disallowances by the Department of Health and Human Services (HHS) of claims for reimbursement filed by the New York State Department of Social Services. In its claims, New York sought recoupment of costs incurred in providing certain social services to foster children eligible for assistance under the Aid to Families with Dependent...

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