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MARYLAND DEPT. OF HUMAN RESOURCES v. SULLIVAN

Civ. A. No. 89-1607 SSH.

738 F.Supp. 555 (1990)

MARYLAND DEPARTMENT OF HUMAN RESOURCES, et al., Plaintiffs, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, et al., Defendants.

United States District Court, District of Columbia.

May 23, 1990.

Attorney(s) appearing for the Case

Mark J. Davis, Asst. Atty. Gen., Baltimore, Md., for plaintiffs.

Daniel J. Standish, Asst. U.S. Atty., Washington, D.C., for defendants.

OPINION

STANLEY S. HARRIS, District Judge.

In July of 1989, the Maryland Department of Human Resources filed a complaint challenging defendants' use of Program Instruction No. 82-06 (PI 82-06) as arbitrary and capricious. Defendants filed a motion for judgment on the pleadings and for dismissal. Plaintiffs filed a cross-motion for judgment, asking this Court to invalidate PI 82-06, to remand for further proceedings, and to award to plaintiffs fees and costs...

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