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MICHIGAN DEPT. OF STATE v. U.S.

No. 5:01-CV-01.

166 F.Supp.2d 1228 (2001)

MICHIGAN DEPARTMENT OF STATE, Plaintiff, v. UNITED STATES of America, Department of Health and Human Services, and Tommy G. Thompson, in his capacity as Secretary of the Department of Health and Human Services, Defendants.

United States District Court, W.D. Michigan, Southern Division.

October 2, 2001.

Attorney(s) appearing for the Case

Matthew C. Keck, Jennifer M. Granholm, Attorney General, State Affairs Division, Lansing, MI, for Michigan Department of State, named as "State of Michigan, Department of State" on complaint, plaintiff.

Ronald M. Stella, Charles R. Gross, U.S. Attorney's Office, Western District of Michigan, Grand Rapids, MI, Kent, for USA, defendant.

OPINION

ROBERT HOLMES BELL, Chief Judge.

Before this Court is Plaintiff Michigan Department of State's ("Michigan") claims that 42 U.S.C. § 666(a)(13) is unconstitutional and that even if the statute is constitutional, the Department of Health and Human Services' ("DHHS") decision to deny Michigan an exemption from this statute under 42 U.S.C § 666(d) violates the Administrative Procedures Act ("APA"). 5 U.S.C. §§ 701-706 (2001...

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