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STOWELL v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 93-1254.

3 F.3d 539 (1993)

Christine STOWELL, et al., Plaintiffs, Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 10, 1993.

Attorney(s) appearing for the Case

Patrick Ende, with whom Jack Comart and Pine Tree Legal Assistance, Augusta, ME, were on brief, for appellants.

Robin S. Rosenbaum, Atty., Civ. Div., U.S. Dept. of Justice, with whom Stuart Schiffer, Acting Asst. Atty. Gen., Washington, DC, Jay P. McCloskey, U.S. Atty., Bangor, ME, and Barbara C. Biddle, Atty., U.S. Dept. of Justice, Washington, DC, were on brief, for appellee.

Christopher C. Leighton, Deputy Atty. Gen., with whom Michael E. Carpenter, Atty. Gen., and Thomas D. Warren, Deputy Atty. Gen., Augusta, ME, were on brief, for amicus curiae State of Maine.

Before SELYA, CYR and BOUDIN, Circuit Judges.

SELYA, Circuit Judge.

Although this appeal presents an issue of first impression that requires us to navigate a complex maze of statutes and regulations, its resolution turns on the interpretation of two words in common usage. We hold, as did the court below, that the Secretary of Health and Human Services (the Secretary) permissibly concluded that the term "payment levels" as used in 42 U.S.C. § 1396a(c)(1) (1988) refers to baseline payments received under the...

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