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U.S. v. WEST VIRGINIA

No. 02-2037.

339 F.3d 212 (2003)

UNITED STATES of America, Plaintiff, v. State of West Virginia, Defendant & Third Party Plaintiff-Appellant, v. Secretary, Department of Health and Human Services, as administrator of the Health Care Financing Administration; Health Care Financing Administration, Third Party Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 7, 2003.

Attorney(s) appearing for the Case

ARGUED: Katherine A. Schultz, Senior Deputy Attorney General, OFFICE OF THE ATTORNEY GENERAL, Charleston, West Virginia, for Appellant.

Sambhav Nott Sankar, Appellate Staff, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

ON BRIEF: Darrell V. McGraw, Jr., Attorney General, Stephen Stockton, Senior Assistant Attorney General, Jennifer Lea Stollings, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL, Charleston, West Virginia, for Appellant. Robert D. McCallum, Jr., Assistant Attorney General, Karl K. Warner, II, United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

Before LUTTIG, WILLIAMS, and TRAXLER, Circuit Judges.

Reversed by published opinion. Judge Luttig wrote an opinion and issued the judgment of the court. Judge Traxler wrote an opinion concurring in the judgment. Judge Williams wrote a dissenting opinion.

OPINION

LUTTIG, Circuit Judge:

Appellant West Virginia appeals the district court's grant of summary judgment for the United States on its claim that West Virginia tax statute 11-27 is preempted by 5 U.S.C. § 8909(f), which bars states from taxing...

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