MASSACHUSETTS v. SEBELIUS

No. 09-2392.

638 F.3d 24 (2011)

Commonwealth of MASSACHUSETTS, Plaintiff, Appellant, v. Kathleen SEBELIUS, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 11, 2011.


Attorney(s) appearing for the Case

Kenneth W. Salinger , Assistant Attorney General, Administrative Law Division, with whom Martha Coakley , Attorney General, was on brief for appellant.

Daniel Tenny , Attorney, Appellate Staff, Civil Division, Department of Justice, with whom Tony West , Assistant Attorney General, Carmen Ortiz , United States Attorney, Mark B. Stern , Attorney, Appellate Staff, Civil Division, Department of Justice, David S. Cade , Acting General Counsel, Nancy S. Nemon , Chief Counsel, Region I, and Clifford M. Pierce , Assistant Regional Counsel, Department of Health and Human Services, were on brief for appellees.

Before LYNCH, Chief Judge, BOUDIN and HOWARD, Circuit Judges.


LYNCH, Chief Judge.

The Commonwealth of Massachusetts, by the administrator of "MassHealth," its state Medicaid program, appeals from a dismissal of its lawsuit against federal officials for failure to state a claim under Fed.R.Civ.P. 12(b)(6). The Commonwealth claims that the federal Centers for Medicare & Medicaid Services (CMS) and associated entities violated the federal Medicaid statute when they refused to allow...

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