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STATE OF ARK. BY YAMAUCHI v. SULLIVAN

No. 90-3100.

969 F.2d 622 (1992)

STATE OF ARKANSAS, by its director of the Department of Human Services, Dr. Terry YAMAUCHI, Appellee, v. Louis W. SULLIVAN, M.D., in his official capacity as Secretary of the Department of Health and Human Services, and The United States Department of Health and Human Services, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 6, 1992.

Attorney(s) appearing for the Case

Kermit Fonteno, Dallas, Tex., argued (Stuart M. Gerson, Charles A. Banks and Kermit Fonteno, on the brief) for appellants.

Breck G. Hopkins, Little Rock, Ark., argued and on the brief, for appellee.

Before McMILLIAN and JOHN R. GIBSON, Circuit Judges, and HUNTER, Senior District Judge.

McMILLIAN, Circuit Judge.

Louis W. Sullivan, Secretary of the Department of Health and Human Services (Secretary), appeals from a final order entered in the District Court1 for the Eastern District of Arkansas reversing a decision of the Departmental Appeals Board (Board) and permanently enjoining the Secretary from undertaking any steps to recover certain disallowed funds paid to the state of Arkansas under the Medicaid program. Arkansas...

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