Coye v. U.S. Department Of Health And Human Services

973 F.2d 786 38 Soc.Sec.Rep.Ser. 477, Medicare & Medicaid Guide P 40,716 Molly Joel COYE, M.D., M.P.H., * as Director of Health Services for the State of California; State of California, a Sovereign State; State Department of Health Services, a state agency, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; Louis W. Sullivan, M.D., as Secretary of Health and Human Services for the United States, Defendants-Appellees. No. 91-15381. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 16, 1992. Decided Aug. 25, 1992. Dennis Eckhart, Deputy Atty. Gen., Sacramento, Cal., for plaintiffs-appellants. Frank A. Rosenfeld, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before SCHROEDER, LEAVY, and RYMER, Circuit Judges. SCHROEDER, Circuit Judge: 1 The plaintiffs, the State of California and the California Director of Health and Human Services, appeal the district court's summary judgment in favor of the Secretary of the United States Department of Health and Human Services (the Secretary). The plaintiffs filed this action to challenge the…