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COLO. DEPT. OF SOC. SERV. v. DEPT. OF HLTH. & HUM. S.

Civ. A. No. 83-K-1365.

585 F.Supp. 522 (1984)

COLORADO DEPARTMENT OF SOCIAL SERVICES, Plaintiff, v. The DEPARTMENT OF HEALTH AND HUMAN SERVICES, Margaret M. Heckler, in her official capacity as Secretary of Health and Human Services, Donald Garrett, Norval Settle and Cecilia Sparks Ford, in their official capacities as members of the Departmental Board of Grant Appeals and The Departmental Board of Grant Appeals, Defendants.

United States District Court, D. Colorado.

May 8, 1984.

Attorney(s) appearing for the Case

Wade Livingston, Asst. Atty. Gen., Human Resources Sec., Denver, Colo., for plaintiff.

Robert N. Miller, U.S. Atty. and James W. Winchester, Asst. U.S. Atty., Denver, Colo., for defendants.

ORDER

KANE, District Judge.

This is an appeal by the state from an adverse decision of the Departmental Grant Appeals Board (DGAB), an arm of the Department of Health and Human Services to whom Mrs. Heckler has delegated the power and authority to adjudicate disputes concerning federal funding of the states' medicaid system. Finding the board's decisions neither arbitrary, capricious nor contrary to law, I affirm.

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