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COM. OF MASS. v. DEPARTMENTAL GRANT APPEALS BD.

Nos. 82-1403, 86-1064.

815 F.2d 778 (1987)

COMMONWEALTH OF MASSACHUSETTS, By its DEPARTMENT OF PUBLIC WELFARE, Petitioner, v. DEPARTMENTAL GRANT APPEALS BOARD OF the UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Respondents. COMMONWEALTH OF MASSACHUSETTS, By its DEPARTMENT OF PUBLIC WELFARE, Plaintiff, Appellant, v. DEPARTMENTAL GRANT APPEALS BOARD OF the UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 30, 1987.

Attorney(s) appearing for the Case

Stephen S. Ostrach, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for Com. of Mass.

Elizabeth A. Pugh, Dept. of Justice, Civ. Div., with whom Richard K. Willard, Asst. Atty. Gen., Washington, D.C., William F. Weld, U.S. Atty., Boston, Mass., and Anthony Steinmeyer, Dept. of Justice, Civ. Div., Washington, D.C., were on brief, for Departmental Grant Appeals Bd.

Before COFFIN, Circuit Judge, BROWN, Senior Circuit Judge, and BOWNES, Circuit Judge.

BOWNES, Circuit Judge.

In this case, the Commonwealth of Massachusetts seeks reimbursement from the United States Department of Health and Human Services (HHS) for the expense of providing Medicaid abortions admittedly falling within the proscription of the Hyde Amendment, but which this court had ordered the Commonwealth to provide during the pendency of earlier litigation sparked by the Hyde Amendment. The district court granted HHS's motion for summary judgment...

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