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SOUTHEASTERN HUMAN DEVELOPMENT CORP. v. HECKLER

Civ. No. 81-3072.

560 F.Supp. 925 (1983)

SOUTHEASTERN HUMAN DEVELOPMENT CORPORATION, a non-profit South Dakota Corporation, Plaintiff, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, an agency of the United States of America; Harvey R. Vieth, Director of the Office of Community Services of the Department of Health and Human Services; the United States of America; William J. Janklow, Governor of the State of South Dakota; the South Dakota State Planning Bureau and Dana Nelson, Defendants.

United States District Court, D. South Dakota, C.D.

April 21, 1983.

Attorney(s) appearing for the Case

Jeff Masten, Canton, S.D., for plaintiff.

Dawn Bowen, Asst. U.S. Atty., Philip N. Hogen, U.S. Atty., Pierre, S.D., for Federal defendants.

Jeffrey P. Hallem, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., State Capitol, Pierre, S.D., for State defendants.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

Plaintiff brought suit in 1981 seeking an injunction enjoining federal and state defendants from expending funds allocated to the State of South Dakota under the Omnibus Budget Reconciliation Act (OBRA) of 1981, Pub.L.No. 97-35, Section 672(a) & (b), 95 Stat. 511 (1981), codified at 42 U.S.C. § 9901. After a hearing on plaintiff's motion for a preliminary injunction, this Court denied plaintiff...

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