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VA. DEPT. OF MED. ASSISTANCE v. DEPT. OF HEALTH

Nos. 11-5161, 11-5242.

678 F.3d 918 (2012)

VIRGINIA DEPARTMENT OF MEDICAL ASSISTANCE SERVICES, Appellant v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES and Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 8, 2012.

Attorney(s) appearing for the Case

Caroline M. Brown argued the cause for the appellants. Laura E. Schattschneider was on brief.

Dana Kaersvang , Attorney, United States Department of Justice, argued the cause for the appellees. Tony West , Assistant Attorney General, Ronald C. Machen, Jr. , United States Attorney, and Michael S. Raab , Attorney, were on brief. R. Craig Lawrence , Assistant United States Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The Virginia Department of Medical Assistance Services and the Kansas Health Policy Authority (collectively, States) both appeal the district court's grants of summary judgment in favor of the U.S. Department of Health and Human Services and the Secretary of Health and Human Services (HHS or Secretary). See Va. Dep't of Med. Assistance Servs. v. U.S. Dep't of Health & Human Servs., 779 F.Supp.2d...

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