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COM. OF PA., DEPT. OF PUBLIC WELFARE v. U.S. DHHS

No. 90-5298.

928 F.2d 1378 (1991)

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.

United States Court of Appeals, Third Circuit.

Decided March 28, 1991.

As Amended May 9, 1991.

Rehearing and Rehearing Denied May 24, 1991.

Attorney(s) appearing for the Case

Jason W. Manne (argued), Office of Atty. Gen. of Pennsylvania, Pittsburgh, Pa., for appellant.

James S. Feight, Jr. (argued), Dept. of Health and Human Services, Office of Gen. Counsel, Philadelphia, Pa., for appellee.

Before SLOVITER, Chief Judge, BECKER and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc Denied May 24, 1991.

OPINION OF THE COURT

SLOVITER, Chief Judge.

I.

Introduction

The Commonwealth of Pennsylvania appeals from the district court's order of summary judgment sustaining the Department of Health and Human Services' (HHS) disallowance of $501,274.42 in federal Medicaid funds. The sanction resulted from Pennsylvania's failure to show for a total of five fiscal quarters in 1984...

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