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WHITECLIFF, INC. v. UNITED STATES

No. 407-74.

536 F.2d 347 (1976)

WHITECLIFF, INC., d/b/a White Cliff Manor v. The UNITED STATES.

United States Court of Claims.

May 12, 1976.

Attorney(s) appearing for the Case

Phillip J. Campanella, Cleveland, Ohio, for plaintiff; Everett D. McCurdy, Cleveland, Ohio, attorney of record; Spieth, Bell, McCurdy & Newell, Cleveland, Ohio, of counsel.

Julie P. Dubick, Washington, D.C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant.

Before COWEN, Chief Judge, and DAVIS and KASHIWA, Judges.

ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

DAVIS, Judge:

This controversy between a provider of services under the Medicare program and the Government presents primarily a dispute over 42 U.S.C. § 1395x(v)(1) (1970),1 relating to the reimbursement to be made to a Medicare provider. Both parties have moved for summary judgment but we find that we cannot dispose of the case finally.

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