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NEB. DEPT., HEAL. & HUMAN SERVICES v. DEP., HEAL. & HUMAN SERVICES

No. 04-5429.

435 F.3d 326 (2006)

STATE OF NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Appellee v. DEPARTMENT OF HEALTH AND HUMAN SERVICES and Michael O. Leavitt, Secretary of the Department of Health and Human Services, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 2006.

Attorney(s) appearing for the Case

Wendy M. Keats, Attorney, U.S. Department of Justice, argued the cause for appellants. With her on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Barbara C. Biddle, Assistant Director. Claire M. Whitaker, Michael J. Ryan, and R. Craig Lawrence, Assistant U.S. Attorneys, entered appearances.

Phyllis D. Thompson argued the cause for appellee. With her on the brief was Jon C. Bruning, Attorney General, Attorney General's Office of State of Nebraska.

Before: GINSBURG, Chief Judge, and GARLAND and BROWN, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

The United States Department of Health and Human Services (HHS) appeals from a judgment of the district court vacating three policy announcements for lack of notice and comment rulemaking and ordering approval of a cost allocation plan (CAP) submitted by the State of Nebraska Department of Health and Human Services (Nebraska). Because Nebraska challenged only HHS's rejection of its...

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