Pennsylvania, Department of Public Welfare v. United States

MEMORANDUM OPINION

MCVERRY, District Judge.

Before the Court for disposition are the DEFENDANTS’ MOTION TO DISMISS (“Motion to Dismiss”) filed by defendants United States of America and United States Department of Health and Human Services (collectively referred to herein as “HHS”) on August 4, 2004 and PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT (“Motion for Summary Judgment”) filed by plaintiff Commonwealth of Pennsylvania Department of Public Welfare (“PADPW”) on October 20, 2004. 1 HHS filed the Administrative Record on August 4, 2004; PADPW filed a Summary Judgment Appendix with its Motion…