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STATE v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 94-40265.

61 F.3d 438 (1995)

STATE OF TEXAS, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Fifth Circuit.

August 22, 1995.

Attorney(s) appearing for the Case

Karen Pettigrew, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for petitioner.

Daniel Aibel, Office of Gen. Counsel, Dept. of Health & Human Services, Washington, DC, for respondent.

Before REAVLEY, KING and WIENER, Circuit Judges.

KING, Circuit Judge:

The State of Texas appeals an administrative order of the Department of Health and Human Services denying a proposed amendment to its state Medicaid plan. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

In September of 1990, Texas submitted a proposed amendment to its state Medicaid plan to the Health Care Financing Administration ("HCFA") of the United States Department of Health and Human Services ("HHS"). Under this proposed...

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