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CITY OF NEW YORK v. SHALALA

No. 861, Docket 93-6069.

34 F.3d 1161 (1994)

The CITY OF NEW YORK, Plaintiff-Appellee, v. Donna E. SHALALA, as Secretary of the United States Department of Health and Human Services; United States Department of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 13, 1994.

Attorney(s) appearing for the Case

Sara L. Shudofsky, Ass't U.S. Atty., New York City (Mary Jo White, U.S. Atty. for the S.D. of N.Y., Ping C. Moy, Ass't U.S. Atty., of counsel), for defendants-appellants.

Michael S. Adler, New York City (O. Peter Sherwood, Corp. Counsel of the City of N.Y., Francis F. Caputo, of counsel), for plaintiffs-appellees.

Before: WALKER and JACOBS, Circuit Judges, and DALY, District Judge.

WALKER, Circuit Judge:

Defendants Donna E. Shalala (the "Secretary") and the United States Department of Health and Human Services ("HHS") appeal from a judgment of the United States District Court for the Southern District of New York (Robert W. Sweet, Judge), granting summary judgment to plaintiff the City of New York in a suit challenging HHS's decision to disallow approximately $3 million in Head Start funds formerly...

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