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WOODLAND NURSING HOME CORP. v. WEINBERGER

No. 74 Civ. 3483.

411 F.Supp. 501 (1976)

WOODLAND NURSING HOME CORPORATION, Plaintiff, v. Casper W. WEINBERGER, Individually and as Secretary of Health, Education and Welfare, and the Travelers Insurance Company, Defendants and Third-Party Plaintiffs, v. WOODLAND NURSING HOME ASSOCIATES d/b/a Woodland Nursing Home et al., Third-Party Defendants.

United States District Court, S. D. New York.

March 24, 1976.

Attorney(s) appearing for the Case

McLaughlin & Stern, Ballen & Miller, New York City, for plaintiff and third-party defendants, by Stephen S. Bernstein, New York City, of counsel.

Thomas J. Cahill, U. S. Atty., S.D. N.Y., New York City, for defendants and third-party plaintiffs, by Charles Franklin Richter, Asst. U. S. Atty., Borge Varmer, Regional Atty., Sidney A. Sayovitz, Asst. Regional Atty., Dept. of HEW, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

Woodland Nursing Home Corporation, plaintiff in this action, moves for summary judgment in its suit to recover monies allegedly due under the Medicare program. For the reasons hereinafter stated, the motion is denied.

Located in New Rochelle, New York, Woodland Nursing Home ("Woodland") has been a participating provider of medicare services since 1967, 42 U...

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