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STATE OF WASHINGTON v. BOWEN

No. 86-7188.

815 F.2d 549 (1987)

STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Petitioner, Irene Purser and Betty Butterworth, Intervenors, v. Otis BOWEN, Secretary of Health and Human Services, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided April 20, 1987.

Attorney(s) appearing for the Case

Sara J. Finlay, Olympia, Wash., for petitioner.

Barbara A. Isenhour and Peter Greenfield, Seattle, Wash., for intervenors.

Charles Pinnell, Patrick E. McBride, and William J. McIntyre, Seattle, Wash., for respondent.

M. Margaret McKeown and David J. Burman, Seattle, Wash., and Evelyn R. Frank, Oakland, Cal., for amici curiae.

Before WRIGHT, FARRIS and BEEZER, Circuit Judges.

FARRIS, Circuit Judge:

The State of Washington appeals from a final decision of the Secretary of Health and Human Services disapproving a Medicaid plan amendment submitted by the State. In the plan amendment, the State sought authorization to begin calculating the eligibility of married Medicaid applicants for benefits under state community property law instead of under the Secretary's "name-on-the-check" rule. The State argues that the Secretary's decision to require...

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