United States Fifth Circuit

HHS Departmental Appeals Board (DAB) proceedings are sufficiently adversarial so that failure to raise an issue before the DAB constitutes wavier under Sims v. Apfel, 530 U.S. 103. DAB's disallowances of grant expenditures were proper.

Appellate Information

• Decided 08/20/2002
• Published 08/20/2002

Judges

• LITTLE, District Judge:, Before GARWOOD and DENNIS, Circuit Judges, and LITTLE, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert Arthur Graham (argued), Reno & Cavanaugh, Washington, DC, for Plaintiff-Appellant.


• For Appellees:
  
• Feleica Lockhard Wilson, Oxford, MS, Debra Lynne Hollis (argued), U.S. Dept. of Health & Human Services, Washington, DC, for Defendants-Appellees.