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COM. OF VA. EX REL. DMAS v. BOWEN

Civ. A. Nos. 85-0933-R and 84-1171-R.

680 F.Supp. 228 (1988)

COMMONWEALTH OF VIRGINIA, ex rel. The VIRGINIA DEPARTMENT OF MEDICAL ASSISTANCE SERVICES, Plaintiff, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, et al., Defendants. Horace G. FRALIN, et al., Plaintiffs, v. Joseph L. FISHER, et al. and Otis R. Bowen, Secretary of Health and Human Services, et al., Defendants.

United States District Court, W.D. Virginia, Roanoke Division.

February 3, 1988.

Attorney(s) appearing for the Case

William G. Broaddus, Roger L. Chaffe, Richmond, Va., for Virginia Dept. of Medical Assistance Services.

E. Montgomery Tucker, Jennie Montgomery, Asst. U.S. Attys., Roanoke, Va., for Otis R. Bowen, M.D. et al.

William B. Poff, Woods, Rogers & Hazlegrove, Julia Krebs-Markrich, Roger L. Chaffe, Roanoke, Va., for Horace G. Fralin, et al.

Beverly Dennis, III, Regional Atty., James F. Feight, Asst. Regional Atty., Office of Gen. Counsel—Region III, Dept. of HEW, Philadelphia, Pa., for Joseph L. Fisher, et al.

MEMORANDUM OPINION

TURK, Chief Judge.

Plaintiff, the Commonwealth of Virginia (hereinafter the "Commonwealth"), appealed on behalf of Commonwealth's agency, the Virginia Department of Medical Assistance Services (hereinafter "DMAS"), a decision by the Grant Appeals Board (hereinafter the "Board") of the Department of Health and Human Services (hereinafter "HHS"). The Board's decision upheld a disallowance...

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