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S.C. HEALTH & HUMAN SERV. FIN. COM'N v. SULLIVAN

No. 89-1782.

915 F.2d 129 (1990)

SOUTH CAROLINA HEALTH AND HUMAN SERVICES FINANCE COMMISSION; South Carolina Department of Mental Health, Plaintiffs-Appellants, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1990.

Attorney(s) appearing for the Case

M. Elizabeth Crum, McNair Law Firm, P.A., argued (Charles Porter, McNair Law Firm, P.A., Richard G. Jepfer, Asst. Gen. Counsel, South Carolina Health and Human Services Finance Com'n, Columbia, S.C., Kennerly M. McLendon, General Counsel, South Carolina Dept. of Mental Health, Columbia, S.C., on brief), for plaintiffs-appellants.

F. Richard Waitsman, Asst. Regional Counsel, Dept. of Health and Human Services, Atlanta, Ga., argued (Bruce R. Granger, Chief Counsel, Region IV, Dept. of Health and Human Services, Atlanta, Ga., E. Bart Daniel, U.S. Atty., Glen E. Craig, Asst. U.S. Atty., Columbia, S.C., on brief), for defendant-appellee.

Before RUSSELL and HALL, Circuit Judges, and BULLOCK, United States District Judge for the Middle District of North Carolina, sitting by designation.

BULLOCK, District Judge:

The South Carolina Health and Human Services Finance Commission ("Finance Commission") and the South Carolina Department of Mental Health ("DMH") appeal a ruling by the district court upholding the disallowance by the Departmental Grant Appeals Board of the United States Department of Health and Human Services ("DGAB") of $1,043,092 in federal Medicaid funding claimed by the Finance Commission pursuant to Title XIX of the Social Security Act...

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