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WEST VIRGINIA DEPT. OF HEALTH v. SEBELIUS

No. 10-1592.

649 F.3d 217 (2011)

WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Bureau for Medical Services, Plaintiff-Appellant, v. Kathleen SEBELIUS, in her official capacity as Secretary, United States Department of Health and Human Services; Charlene Frizzera, in her official capacity of Acting Administrator, Centers for Medicare and Medicaid Services; United States Department of Health and Human Services; Centers for Medicare and Medicaid Services, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 6, 2011.

Attorney(s) appearing for the Case

ARGUED: Scott E. Johnson , Kings Mountain, North Carolina, for Appellant. Alisa Beth Klein , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Frances A. Hughes , Thomas W. Smith , Mary McQuain , Office of the Attorney General of West Virginia, Charleston, West Virginia, for Appellant. Mark B. Childress , Acting General Counsel, Janice L. Hoffman , Associate General Counsel, Carol J. Bennett , Deputy General Counsel for Program Integrity, Howard Cohen , Department of Health and Human Services, Tony West , Assistant Attorney General, Mark B. Stern , United States Department of Justice, Washington, D.C.; R. Booth Goodwin II , United States Attorney, Charleston, West Virginia, for Appellees.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge MOTZ and Senior Judge HAMILTON joined.

OPINION

DIAZ, Circuit Judge:

This appeal arises from a grant of summary judgment. The district court dismissed appellant's challenge to an administrative ruling that sustained a disallowance in federal funding for its Medicaid program. The unambiguous text of the governing statute authorized the disallowance, and agency approval of the amount disallowed was neither arbitrary nor capricious. Accordingly, we affirm.

I.

A.

Congress...

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