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ND EX REL. OLSON v. CTRS., MEDICARE, MEDICAID SER.

No. 03-3954.

403 F.3d 537 (2005)

State of NORTH DAKOTA, EX REL. CAROL K. OLSON, Executive Director, North Dakota Department of Human Services, Appellee, v. CENTERS FOR MEDICARE AND MEDICAID SERVICES; Thomas A. Scully, in his official capacity as Administrator of the Centers for Medicare and Medicaid Services; United States Department of Health and Human Services; Tommy G. Thompson, in his official capacity as Secretary of the United States Department of Health and Human Services, Appellants. James W. Ellenbecker, Secretary, South Dakota Department of Social Services; State of South Dakota Department of Social Services, Appellees, v. Centers for Medicare and Medicaid Services; Thomas A. Scully, in his official capacity as Administrator of the Centers for Medicare and Medicaid Services; United States Department of Health and Human Services; Tommy G. Thompson, in his official capacity as Secretary of the United States Department of Health and Human Services, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: April 6, 2005.

Attorney(s) appearing for the Case

Mark S. Davies, argued, Justice Dept., Washington, D.C. (Scott R. McIntosh and Jonathan H. Levy, Justice Dept., Washington, D.C., on the brief), for appellant.

Charles A. Miller, argued, Washington, D.C. (Donald J. Ridings, Jr., D.C. on the brief), for appellee Ellenbecker.

Jean R. Mullen, AAG, argued, Bismarck, ND, for appellee Olson.

Before MORRIS SHEPPARD ARNOLD, GIBSON, and SMITH, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

The Centers for Medicare and Medicaid Services (CMS), an agency of the Department of Health and Human Services (HHS) that (along with the states) administers Medicaid, appeals from summary judgments entered against it in district courts in North and South Dakota. North and South Dakota had claimed 100 percent federal reimbursement for some Medicaid services provided to Native Americans by non-Indian Health Service facilities...

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