No. 2:04-CV-00742.

411 F.Supp.2d 586 (2006)

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, Plaintiff, v. UNITED STATES OF AMERICA; and, Department of Health and Human Services, Defendants.

United States District Court, W.D. Pennsylvania.

January 27, 2006.

Attorney(s) appearing for the Case

Jason W. Manne, Department of Public Welfare, Office of General Counsel, Pittsburgh, PA, for Plaintiff.

Jessica Lieber Smolar, United States Attorney's Office, Pittsburgh, PA, Sheila Lieber, Department of Justice, Marcia Sowles, United States Department of Justice, Washington, DC, for Defendants.


MCVERRY, District Judge.

Before the Court for disposition are the DEFENDANTS' MOTION TO DISMISS ("Motion to Dismiss") filed by defendants United States of America and United States Department of Health and Human Services (collectively referred to herein as "HHS") on August 4, 2004 and PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT ("Motion for Summary Judgment") filed by plaintiff Commonwealth of Pennsylvania Department of Public Welfare...

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