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REHABILITATION ASS'N OF VA. v. KOZLOWSKI

Nos. 93-2572, 94-1134.

42 F.3d 1444 (1994)

REHABILITATION ASSOCIATION OF VIRGINIA, INCORPORATED, Plaintiff-Appellee, v. Bruce U. KOZLOWSKI, Director of Virginia Department of Medical Assistance Services, Defendant-Appellant, and Donna E. Shalala, Secretary of Health and Human Services, Defendant. REHABILITATION ASSOCIATION OF VIRGINIA, INCORPORATED, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellant, and Bruce U. Kozlowski, Director of Virginia Department of Medical Assistance Services, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided December 5, 1994.

Attorney(s) appearing for the Case

ARGUED: Richard Alan Olderman, Civ. Div., U.S. Dept. of Justice, Washington, DC, for appellant Secretary; William Henry Hurd, Deputy Atty. Gen., Office of the Atty. Gen., Richmond, VA, for appellant Kozlowski. Peter F. Nadel, Rosenman & Colin, New York City, for appellee. ON BRIEF: Frank W. Hunger, Asst. Atty. Gen., Helen F. Fahey, U.S. Atty., Barbara C. Biddle, Civ. Div., U.S. Dept. of Justice, Washington, DC, for appellant Secretary; James S. Gilmore, III, Atty. Gen. of VA, Pamela M. Reed, Asst. Atty. Gen., Office of the Atty. Gen., Richmond, VA, for appellant Kozlowski. Joseph V. Willey, Rosenman & Colin, New York City, David G. Shuford, Mays & Valentine, Richmond, VA, for appellee.

Before ERVIN, Chief Judge, and NIEMEYER and WILLIAMS, Circuit Judges.

Affirmed by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge WILLIAMS joined. Judge NIEMEYER wrote a concurring and dissenting opinion.

OPINION

ERVIN, Chief Judge:

Rehabilitation Association of Virginia, Inc. (the Association) brought this suit against Bruce Kozlowski, director of Virginia's Department of Medical Assistance Services (Virginia), and Donna Shalala, Secretary of the United States Department of Health and Human...

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