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CONECUH-MONROE COMMUNITY ACTION AGENCY v. BOWEN

No. 87-5119.

852 F.2d 581 (1988)

CONECUH-MONROE COMMUNITY ACTION AGENCY, Appellant, v. Otis R. BOWEN, Secretary, United States Department of Health & Human Services, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 1988.

Attorney(s) appearing for the Case

James L. Feldesman, Washington, D.C., for appellant.

John C. Cleary, Asst. U.S. Atty., of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court for appellees. Joseph E. diGenova, U.S. Atty.*, Royce C. Lamberth, Asst. U.S. Atty.*, Michael J. Ryan and Linda A. Halpern, Asst. U.S. Attys., Washington, D.C., were on the brief for appellees. R. Craig Lawrence and Wilma A. Lewis, Asst. U.S. Attys., also entered appearances for appellees.

Before MIKVA, BUCKLEY and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Conecuh-Monroe Community Action Agency ("Conecuh") sued the Department of Health and Human Services (HHS) to obtain funds for certain poverty programs in southwestern Alabama. Pending resolution of its claim that federal law required the funding, Conecuh moved for a preliminary injunction to obtain the funds on an expedited basis. The trial judge denied the motion and, at the same time...

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