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STATE OF MINN. v. APFEL

No. 97-3141.

151 F.3d 742 (1998)

STATE OF MINNESOTA, Appellee, v. Kenneth S. APFEL, Commissioner of Social Security; Social Security Administration, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 6, 1998.

Attorney(s) appearing for the Case

Frank W. Rosenfeld, Washington, DC, argued (Frank W. Hunger, David L. Lillehaug and William Kanter, Washington, DC, on the brief), for Appellant.

Thomas W. Tinkham, Minneapolis, MN, argued (John W. Windhorst, Jr., William R. Goetz, William P. Donohue and Mark B. Rotenberg, Minneapolis, MN, on the brief), for Appellee.

Before WOLLMAN and HANSEN, Circuit Judges, and GOLDBERG, Judge.

WOLLMAN, Circuit Judge.

This case involves an assessment issued by the Commissioner of Social Security against the State of Minnesota for unpaid social security contributions attributable to stipends paid to medical residents enrolled in the graduate medical education program at the University of Minnesota during 1985 and 1986. Following the issuance of the assessment, the State initiated an action seeking a redetermination of liability. The district court

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