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STATE v. SHALALA

No. 93-9572.

42 F.3d 595 (1994)

STATE of Oklahoma, Petitioner, v. Donna E. SHALALA, as Secretary of the Department of Health and Human Services; Department of Health and Human Services; Bruce C. Vladeck, as Administrator of the Health Care Financing Administration; Department of Health and Human Services Health Care Financing Administration, Respondents.

United States Court of Appeals, Tenth Circuit.

December 6, 1994.

Attorney(s) appearing for the Case

Charles A. Miller, Covington & Burling, Washington, DC (Howard J. Pallotta, Asst. Gen. Counsel, Dept. of Human Services, Oklahoma City, OK, and Anna P. Engh, Covington & Burling, Washington, DC, with him on the briefs), for petitioner.

Stuart I. Silverman, Office of Gen. Counsel, Dept. of Health and Human Services (Harriet S. Rabb, Gen. Counsel; Darrel J. Grinstead, Associate Gen. Counsel, Health Care Financing Admin., Henry R. Goldberg, Deputy Associate Gen. Counsel for Litigation, with him on the brief), Washington, DC, for respondents.

Before ANDERSON and LOGAN, Circuit Judges, and SAFFELS, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

This case involves the applicability of public notice requirements to a state Medicaid plan amendment. Oklahoma petitions for review of a final decision of the Administrator of the Health Care Financing Administration ("HCFA"), an agency within the Department of Health and Human Services, affirming the agency's disapproval of the effective date of Oklahoma Medicaid state plan amendment 89-18. Petitioner State of Oklahoma argues...

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