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STATE OF TENN. v. CALIFANO

Nos. 78-1419, 78-1501.

631 F.2d 89 (1980)

The STATE OF TENNESSEE, on behalf of the Tennessee Department of Public Health, Plaintiff-Appellant, v. Joseph A. CALIFANO and Arthur P. Owens in their official capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 8, 1980.

Attorney(s) appearing for the Case

Brooks McLemore, Atty. Gen. of Tenn., William L. Leech, Atty. Gen. of Tenn., Frank J. Scanlon, Asst. Atty. Gen., Nashville, Tenn., for plaintiff-appellant.

Hal D. Hardin, Margaret M. Huff, U.S. Attys., Nashville, Tenn., John H. Cary, U. S. Atty., Chattanooga, Tenn., for defendants-appellees.

Before WEICK and MARTIN, Circuit Judges, and DUNCAN, District Judge.

PER CURIAM.

The State of Tennessee, as a former provider of health care services under the Medicare Program, 42 U.S.C. §§ 1395, et seq., is seeking review of separate decisions of the United States District Court for the Middle District of Tennessee and the Eastern District of Tennessee dismissing plaintiff's cases.

Appellant challenges the legality of the provisions of 20 C.F.R. §§ 405.415(d)(3) which allows the Secretary of Health...

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