PER CURIAM:
The State of Alabama sued the federal Centers for Medicare and Medicaid Services ("CMS") claiming that CMS violated the federal Administrative Procedure Act ("APA"), 5 U.S.C. §§ 500-596, 701-706 (2006), by issuing—without notice and an opportunity for public comment—an October 28, 2008 letter to state health officials (the "SHO letter"). The SHO letter, which is signed by the Acting Director of the Center for Medicaid and State...
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