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DILLON FAMILY & YOUTH SERVICES v. DHS

No. 91-6014.

965 F.2d 932 (1992)

DILLON FAMILY & YOUTH SERVICES, INC., Plaintiff-Appellant, v. The DEPARTMENT OF HUMAN SERVICES OF the STATE OF OKLAHOMA and Phil Watson, Director of Human Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 2, 1992.

Attorney(s) appearing for the Case

Stephanie L. Theban, of Chapel, Riggs, Abney, Neal & Turpen, Tulsa, Okl., for plaintiff-appellant.

Howard J. Pallotta, Asst. General Counsel, Dept. of Human Services (Richard W. Freeman, Asst. General Counsel, Dept. of Human Services, with him on the brief), Oklahoma City, Okl., for defendants-appellees.

Before McKAY, Chief Judge, and TACHA and BALDOCK, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff-appellant Dillon Family & Youth Services, Inc. ("DFYS") appeals an order of the district court granting defendants' motion for summary judgment and denying DFYS's motion for summary judgment. The district court ruled that the contract between DFYS and the defendants, the Department of Human Services and Phil Watson, Director of Human Services (collectively "DHS"), does not entitle DFYS to disproportionate share ("DS") payments....

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