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OKLAHOMA EX REL. OFFICE OF STATE FINANCE v. U.S.

No. 01-6291.

292 F.3d 1261 (2002)

State of OKLAHOMA, ex rel. OFFICE OF STATE FINANCE, Plaintiff-Appellant, v. UNITED STATES of America; Tommy G. Thompson, Secretary of Health and Human Services, ex rel. Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 12, 2002.

Attorney(s) appearing for the Case

Marc Edwards (William S. Price, Robert N. Sheets, and Scott E. Williams with him on the briefs) of Phillips McFall McCaffrey McVay & Murrah, P.C., Oklahoma City, OK, for Plaintiff-Appellant.

Christine N. Kohl, Attorney, Appellate Staff (Robert D. McCallum, Jr., Assistant Attorney General, and Barbara C. Biddle, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington DC; and Robert G. McCampbell, United States Attorney, Oklahoma City, OK, with her on the brief), for Defendants-Appellees.

Before LUCERO, McKAY, and MURPHY, Circuit Judges.

McKAY, Circuit Judge.

Oklahoma appeals the Western District of Oklahoma's final order and judgment upholding a decision issued by the Departmental Appeals Board (DAB) of the United States Department of Health and Human Services (HHS). The DAB decision upheld the HHS' disallowance of $7,426,672 of federal funds paid to the state.

I. Background

Oklahoma employs several state workers whose duties include the...

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