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LYNCH v. DAWSON

No. 85-2928.

820 F.2d 1014 (1987)

Raymon and Joann LYNCH, et al., Plaintiffs-Appellees, v. William DAWSON, et al., Defendants-Third Party Plaintiffs-Appellees and Otis Bowen, M.D., Third Party Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 23, 1987.

Attorney(s) appearing for the Case

Chris G. Stoll and Cade Morrow, San Francisco, Cal., for third-party defendant-appellant.

Evelyn R. Frank, Oakland, Cal., for plaintiffs-appellees.

Before WALLACE, FLETCHER and CANBY, Circuit Judges.

CANBY, Circuit Judge.

In this second appeal,1 the Secretary of the United States Department of Health and Human Services (Secretary) seeks to overturn another of the district court's interpretations of the Pickle amendment to Title XIX of the Social Security Act,2 Pub.L. 94-566, § 503 (codified at 42 U.S.C. § 1396a (note) (1982)). The district court granted plaintiffs' motion for summary judgment...

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