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SPRINGDALE CONVALESCENT CENTER v. MATHEWS

No. 75-4199.

545 F.2d 943 (1977)

SPRINGDALE CONVALESCENT CENTER, Plaintiff-Appellee, v. F. David MATHEWS, Secretary of Health, Education and Welfare, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 20, 1977.

Attorney(s) appearing for the Case

John W. Stokes, Jr., U. S. Atty., Julian M. Longley, Jr., Asst. U. S. Atty., Atlanta, Ga., Rex E. Lee, Asst. Atty. Gen., Robert E. Kopp, David M. Cohen, Judith S. Feigin, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., for defendants-appellants.

Charles E. Watkins, Jr., Paul Oliver, Atlanta, Ga., for plaintiff-appellee.

Before COLEMAN, CLARK and TJOFLAT, Circuit Judges.

CLARK, Circuit Judge:

The district court granted a preliminary injunction prohibiting the United States Secretary of Health, Education, and Welfare (Secretary or HEW) from suspending the Medicaid provider status of the plaintiff, Springdale Convalescent Center (Springdale), for refusing to reimburse the Secretary for alleged Medicare overpayments.1 The court also held (a) that the Secretary exceeded...

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