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SOUTH CAROLINA DEPT. OF SOCIAL SERVICES v. BOWEN

No. 88-3032.

866 F.2d 93 (1989)

SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Petitioner, v. Otis R. BOWEN, in his official capacity as Secretary, United States Department of Health and Human Services; Office of Child Support Enforcement, United States Department of Health and Human Services; Departmental Grant Appeals Board, United States Department of Health and Human Services, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 20, 1989.

Attorney(s) appearing for the Case

James Emory Smith, Jr., Asst. Atty. Gen., Augusta, Me., (N. Bruce Holland, Gen. Counsel, S.C. Dept. of Social Services) on brief, for petitioner.

Robert David Kamenshine (John R. Bolton, Asst. Atty. Gen., William Kanter, Appellate Staff, Civil Div., U.S. Dept. of Justice, Washington, D.C., on brief), for respondents.

Before ERVIN, and WILKINSON, Circuit Judges, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.

WILKINSON, Circuit Judge:

The Secretary of Health and Human Services moves to dismiss South Carolina's petition for judicial review of an agency order denying federal reimbursement for certain Child Support Program expenditures made by the state. The funds represent the federal government's share of interest earned on child support obligations collected by South Carolina's Department of Social Services pursuant to the Child Support Enforcement Act, 42 U.S.C. §...

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