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COM. OF PA. v. U.S. DEPT. OF HEALTH AND HUMAN SERV.

No. 94-3692.

80 F.3d 796 (1996)

COMMONWEALTH OF PENNSYLVANIA, Department of Public Welfare, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; United States of America; and HHS Departmental Appeals Board, Defendants-Appellees.

United States Court of Appeals, Third Circuit.

Decided April 4, 1996.

Attorney(s) appearing for the Case

John A. Kane, Chief Counsel, Jason Manne (Argued), Assistant Counsel, Office of Attorney General of Pennsylvania Department of Public Welfare, Pittsburgh, PA, for Plaintiff-Appellant Commonwealth of Pennsylvania Department of Public Welfare

Frank W. Hunger, Assistant Attorney General, Frederick W. Thieman, United States Attorney, Mark B. Stern, Christine N. Kohl (Argued), Attorneys, Appellate Staff Civil Division, Department of Justice, Washington, DC, for Defendants-Appellees United States Department of Health and Human Services ("HHS"); United States of America; and HHS Departmental Appeals Board

Before SLOVITER, Chief Judge, SCIRICA and McKEE, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

The Commonwealth of Pennsylvania appeals from a ruling of the United States Department of Health and Human Services ("HHS") Appeals Board. The Board upheld a ruling by the Secretary of HHS that reduced the amount of funding for child support enforcement activities in Pennsylvania by the total amount of revenue generated by a Judicial Computerization Fee ("JCP Fee") assessed on each child support case filed in the...

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