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STATE OF HAWAII BY SUNN v. HECKLER

No. 84-2244.

760 F.2d 1031 (1985)

STATE OF HAWAII, by its Director of Social Services, Franklin SUNN, Plaintiff/Appellee, v. Margaret HECKLER, Secretary of Health & Human Services, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1985.

Attorney(s) appearing for the Case

Steven K. Chang, Honolulu, Hawaii, for plaintiff/appellee.

Harry F. McDonagh, San Francisco, Cal., for defendant/appellant.

Before FARRIS, PREGERSON, and BEEZER, Circuit Judges.

PREGERSON, Circuit Judge.

Margaret Heckler, Secretary of Health and Human Services, appeals from a summary judgment awarding the State of Hawaii $169,938.76 in federal Medicaid payments for two intermediate care facilities. Secretary Heckler contends that the district court erred in finding that the Grant Appeals Board of the Department of Health and Human Services abused its discretion in disallowing the payments.

We affirm.

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