Legal Opinion
Montgomery County, Md. v. Califano
District Court, D. Maryland
Decided March 30, 1978No. Civ. K-77-166PublishedCited by 3 opinions
1Opinion of the Court
FRANK A. KAUFMAN, District Judge.
Montgomery County, Maryland, contends that the National Health Planning and Resources Development Act of 1974 unconstitutionally offends both the Guaranty Clause of and the Tenth Amendment to the United States Constitution. In addition, the County asserts that certain regulations promulgated by the Secretary of Health, Education and Welfare (HEW) under that Act offend the Tenth Amendment and also are beyond the authority of the 1974 statute. Defendant has moved alternatively to dismiss and for summary judgment. Plaintiff has also moved for summary judgment.…
2Cases cited32 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Baker v. CarrSupreme Court of the United States · 1962
- Reynolds v. SimsSupreme Court of the United States · 1964
- Udall v. TallmanSupreme Court of the United States · 1965
- Massachusetts v. MellonSupreme Court of the United States · 1923
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3Cited by3 opinions
- Joseph C. Amersbach, Jr. v. City of ClevelandCourt of Appeals for the Sixth Circuit · 1979
- B & G Enterprises, Ltd. v. United StatesUnited States Court of Federal Claims · 1999
- Montgomery County, Maryland v. CalifanoCourt of Appeals for the Fourth Circuit · 1979