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NOLAND v. SULLIVAN

Civ. A. No. 90-2968.

785 F.Supp. 179 (1992)

Alberta NOLAND, Penny Knippenberg, Plaintiffs, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, District of Columbia.

January 24, 1992.

Attorney(s) appearing for the Case

Patricia Baggs Nemore, Washington, D.C., for plaintiffs.

Edith S. Marshall, David R. Smith, Washington, D.C., for defendant.

MEMORANDUM OPINION

NORMA HOLLOWAY JOHNSON, District Judge.

This Medicaid case involves the complex question of how the statutory provision known as the "Pickle Amendment" is to be construed in states that are governed by § 209(b) of the Medicaid Act. Plaintiffs challenge a regulation promulgated by the Secretary of Health and Human Services ("the Secretary") as contrary to the statutory authority set out in the Pickle Amendment, 42 U.S.C. § 1396a...

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