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COLO. DEPT. OF SOC. SERV. v. U.S. DEPT. OF HEALTH

No. 93-1145.

29 F.3d 519 (1994)

COLORADO DEPARTMENT OF SOCIAL SERVICES, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Donna Shalala, in her official capacity as Secretary of the Department of Health and Human Services; Judith A. Ballard, Cecilia Sparks Ford, and Donald F. Garrett, in their official capacities as members of the Departmental Appeals Board of the Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 22, 1994.

Attorney(s) appearing for the Case

Joyce K. Herr, Sr. Asst. Atty. Gen., Human Resources Section (Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., and Wade Livingston, First Asst. Atty. Gen., with her on the briefs), Denver, CO, for plaintiff-appellant.

Patricia L. Bossert, Asst. Regional Counsel, Dept. of Health and Human Services (James R. Allison, Interim U.S. Atty., Chalk S. Mitchell, Asst. U.S. Atty., of counsel: Ronald S. Luedemann, Chief Counsel, Region VIII, Dept. of Health and Human Services; and Jay A. Swope, Associate Chief Counsel, Dept. of Health and Human Services, with her on the brief), Denver, CO, for defendants-appellees.

Before WHITE, Associate Justice (Ret.), LOGAN and EBEL, Circuit Judges.

LOGAN, Circuit Judge:

I

The Colorado Department of Social Services (Colorado) appeals the district court order affirming the final agency action of the Department of Health and Human Services (HHS). That action sustained in part and remanded in part disallowances of Colorado's revised claims for federal reimbursement of its administrative costs incurred in a foster care and adoption assistance program under Title...

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