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COYE v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 91-15381.

973 F.2d 786 (1992)

Molly Joel COYE, M.D., M.P.H., as Director of Health Services for the State of California; State of California, a Sovereign State; State Department of Health Services, a state agency, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; Louis W. Sullivan, M.D., as Secretary of Health and Human Services for the United States, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1992.

Attorney(s) appearing for the Case

Dennis Eckhart, Deputy Atty. Gen., Sacramento, Cal., for plaintiffs-appellants.

Frank A. Rosenfeld, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before SCHROEDER, LEAVY, and RYMER, Circuit Judges.

SCHROEDER, Circuit Judge:

The plaintiffs, the State of California and the California Director of Health and Human Services, appeal the district court's summary judgment in favor of the Secretary of the United States Department of Health and Human Services (the Secretary). The plaintiffs filed this action to challenge the Secretary's disallowance of approximately twelve million dollars in federal Medicaid funds which had been paid to California for medical services...

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