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STATE OF NEW MEXICO v. WEINBERGER

No. 74-1560.

517 F.2d 989 (1975)

STATE OF NEW MEXICO, Plaintiff-Appellant, v. Caspar E. WEINBERGER, Secretary of Health, Education, and Welfare, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 12, 1975.

Rehearing Denied July 16, 1975.

Attorney(s) appearing for the Case

William C. Schaab, Sp. Asst. Atty. Gen., Albuquerque, N. M. (Richard C. Minzner, Albuquerque, N. M., on the brief), for plaintiff-appellant.

Harris L. Hartz, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, and BARRETT and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

After duly exhausting all available administrative remedies, the State of New Mexico (State) commenced this action in the district court pursuant to 42 U.S.C. § 418(t) seeking a redetermination of the correctness of an assessment made by the Commissioner of Social Security, a delegate of the defendant, against the Regents of the University of New Mexico, in respect to Social Security contributions allegedly due and owing upon certain payments...

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