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County of Nassau v. Leavitt

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Argued: September 6, 2007

Before WALKER, CALABRESI, and SACK, Circuit Judges.

Plaintiffs-appellants County of Nassau, County of Suffolk, Federation Employment and Guidance Services, Inc., Long Island Minority Aids Coalition, Inc., Thursday’s Child, Inc., Traci Bowman, Miriam Spaier, Jerome Knight, and Donna Uysal (collectively “Nassau-Suffolk”) sued the Secretary of the United States Department of Health and Human Services, the Administrator for that department’s Health Resources and Services Administration, and the department itself (collectively “DHHS”) to recover federal funding that Nassau-Suffolk claims it is owed. Nassau-Suffolk appeals from an order of the District Court for the Eastern District of New York (Joanna Seybert, Judge) denying plaintiffs’ motion for a preliminary injunction, pursuant to Fed. R. Civ. P. 65, upon finding that plaintiffs had failed to show a likelihood of success on the merits. We find that plaintiffs have shown a likelihood of success on the merits. Because the parties have agreed that our resolution of that issue is dispositive of this case, remand on the issue of irreparable harm is unnecessary.

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