Notwithstanding the foregoing, the Court is unable to totally resolve the procedural challenge to the Twiname Memorandum at present. Whether remaining portions of the Twiname Memorandum represented new policies and restrictions as contended by Plaintiffs or merely clarified "inherent and fundamental" policies as argued by Defendants is a disputed material fact which is inappropriate for resolution on a Motion for Summary Judgment.
However, the Court does find two substantial issues in this matter ripe for resolution at this time. The plaintiffs have argued that the statements of policy set forth in the Twiname Memorandum impose restrictions upon the States which are violative of both moratoria legislation and the Social Security Act and applicable regulations. The Court concludes that the Defendants are entitled to Summary Judgment on both points. The moratoria legislation
on its face is not applicable to a memorandum issued December 20, 1972, since it prohibits the effectiveness of only those regulations and modifications promulgated by the Secretary of HEW after January 1, 1973. And the Plaintiffs have failed to establish that the restrictions imposed upon the States in the Twiname Memorandum are unreasonable or contrary to statute. Udall v. Tallman, 380 U.S. 1, 13 L. Ed. 2d 616, 85 S. Ct. 792 (1965); Connecticut State Department of Public Welfare v. Department of HEW, 448 F.2d 209 (2nd Cir. 1971).
Upon the foregoing, and it appearing to the Court that there is no dispute as to material fact relating to certain portions of the pending motions, and it appearing that Plaintiffs are entitled to Partial Summary Judgment on portions of their procedural challenge to the Twiname Memorandum and that Defendants are entitled to partial Summary Judgment on other portions of the cross motions for summary judgment, as indicated, it is this 31st day of July, 1975,
ORDERED that on the issue of whether Issue 7 and the portion of Issue 1 which imposed durational time limits were issued in violation of the Administrative Procedure Act, the Plaintiffs' Motion for Partial Summary Judgment be and hereby is GRANTED and the Defendants' Motion be and hereby is DENIED; and it is
FURTHER ORDERED that on the issues of whether the Twiname Memorandum is violative of the moratoria legislation and the Social Security Act and regulations promulgated thereunder, the Defendants' Motion for Summary Judgment be and hereby is GRANTED and Plaintiffs' Motion be and hereby is DENIED; and it is
FURTHER ORDERED that on the issue of whether the remaining portions of the Twiname Memorandum are invalid on the grounds that the rulemaking procedures of the Administrative Procedure Act were not followed, both motions for summary judgment be and hereby are DENIED.
Aubrey E. Robinson, Jr. United States District Judge