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BOWEN v. KIZER

No. 86-863.

485 U.S. 386 (1988)

BOWEN, SECRETARY OF HEALTH AND HUMAN SERVICES v. KIZER, DIRECTOR OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES, ET AL.

Supreme Court of United States.

Decided March 23, 1988

Attorney(s) appearing for the Case

Deputy Solicitor General Merrill argued the cause for petitioner. With him on the briefs were Solicitor General Fried, Assistant Attorney General Willard, Deputy Solicitor General Lauber, Jerrold J. Ganzfried, and Richard Olderman.

Ralph Johnson, Deputy Attorney General of California, argued the cause for respondents. With him on the brief were John K. Van de Kamp, Attorney General, and Evelyn R. Frank.*

PER CURIAM.

We granted the Secretary of Health and Human Services' petition for certiorari, 479 U.S. 1083 (1987), in order to review the judgment of the Court of Appeals for the Ninth Circuit that the Secretary unlawfully rejected a California Medicaid plan amendment because an internal agency manual stating approval of the type of provision in question was a binding regulation, and because acceptance of the amendment was...

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