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STATE OF N.Y. DEPT. OF SOCIAL SERVICES v. SULLIVAN

No. 91 Civ. 8300 (KC).

811 F.Supp. 964 (1993)

STATE OF NEW YORK DEPARTMENT OF SOCIAL SERVICES, Plaintiff, v. Louis W. SULLIVAN, Secretary, and the United States Department of Health and Human Services, and Gail R. Wilensky, Administrator, and the Health Care Financing Administration, Defendants.

United States District Court, S.D. New York.

January 29, 1993.

Attorney(s) appearing for the Case

Jennifer Devine, Arnid E. Roach, Covington & Burling, Washington, DC, for plaintiff.

Christine Chwang, Asst. U.S. Atty., New York City, for defendants.

OPINION AND ORDER

CONBOY, District Judge:

Plaintiff, the New York State Department of Social Services ("New York"), brings this action against the United States Department of Health and Human Services ("HHS"), HHS Secretary Louis W. Sullivan, the Health Care Finance Administration ("HCFA"), and HCFA Administrator Gail R. Wilensky (collectively "the Secretary"), claiming that the Secretary refused to subsidize at the statutorily required level

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