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MONTGOMERY COUNTY, MD. v. CALIFANO

Civ. No. K-77-166.

449 F.Supp. 1230 (1978)

MONTGOMERY COUNTY, MARYLAND, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant, and American Association for Comprehensive Health Planning, Inc., Intervenor.

United States District Court, D. Maryland.

March 30, 1978.

Attorney(s) appearing for the Case

Richard S. McKernon, County Atty., Richard E. Frederick, Deputy County Atty., and Nathan J. Greenbaum, Asst. County Atty. for Montgomery County, Maryland, Rockville, Md., for plaintiff.

Barbara Allen Babcock, Asst. Atty. Gen., and David J. Anderson and Steven I. Frank, Attys., Dept. of Justice, Washington, D. C., for defendant.

Steven B. Epstein and William G. Kopit, Washington, D. C. and Russell H. Gardner, Baltimore, Md., for intervenor.

FRANK A. KAUFMAN, District Judge.

Montgomery County, Maryland, contends that the National Health Planning and Resources Development Act of 1974 unconstitutionally offends both the Guaranty Clause of and the Tenth Amendment to the United States Constitution. In addition, the County asserts that certain regulations promulgated by the Secretary of Health, Education and Welfare (HEW) under that Act offend the Tenth Amendment and also are beyond the authority of the 1974...

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