Missouri v. Bowen
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MAGILL, Circuit Judge.
The State of Missouri appeals from an order of the district court1 granting summary judgment in favor of the Secretary of the Department of Health and Human Services (“DHHS”).2 In granting the Secretary’s motion, the court thus denied Missouri’s claim that the DHHS’ noncompliance with its own regulations — failing to act within the 60-day time period in 45 C.F.R. § 95.511 on a cost allocation plan amendment submitted by Missouri — constituted approval of the amendment. Additionally, the court held that Missouri did not have to exhaust its administrative remedies as a…
2Cases cited17 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- McKart v. United StatesSupreme Court of the United States · 1969
- Montgomery v. RumsfeldCourt of Appeals for the Ninth Circuit · 1978
- West v. BerglandCourt of Appeals for the Eighth Circuit · 1979
- Atlantic Richfield Company v. United States Department of EnergyCourt of Appeals for the D.C. Circuit · 1985
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3Cited by10 opinions
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- Froholm v. CoxCourt of Appeals for the Eighth Circuit · 1991
- State of Missouri v. BowenCourt of Appeals for the Eighth Circuit · 1987
- Yankton Sioux Tribe v. United States Army Corps of EngineersDistrict Court, D. South Dakota · 2005
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