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WEST VA DEPT. OF HEALTH v. U.S. DEPT. OF HEALTH

Civil Action No. 2:11-cv-00327.

899 F.Supp.2d 477 (2012)

WEST VIRGINIA DEPARTMENT OF HEALTH & HUMAN RESOURCES, Bureau of Medical Services, Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

September 26, 2012.

Attorney(s) appearing for the Case

Caroline M. Brown, Carolyn F. Corwin, Jonathan G. Hardin, Covington & Burling, Washington, DC, Mary McQuain, Charleston, WV, for Plaintiff.

Gary L. Call, U.S. Attorney's Office, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

THOMAS E. JOHNSTON, District Judge.

On May 10, 2011, Plaintiff West Virginia Department of Health and Human Resources, Bureau of Medical Services ("Plaintiff" or "West Virginia"), filed a complaint in this Court seeking a declaration that the decision of the Department of Health and Human Services Departmental Appeals Board ("DAB" or "Board") disallowing West Virginia's claim for Federal Financial Participation ("FFP") in the...

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