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APPALACHIAN REGIONAL HOSPITALS, INC. v. U.S.

No. 247-76.

576 F.2d 858 (1978)

APPALACHIAN REGIONAL HOSPITALS, INC. v. The UNITED STATES.

United States Court of Claims.

May 17, 1978.

Attorney(s) appearing for the Case

Joe W. Fleming, II, Washington, D.C., attorney of record, for plaintiff. David T. Enlow, Murphy, King, Enlow, Dunn & Sledd, Lexington, Ky., of counsel.

Arlene Fine, Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant.

Before COWEN, Senior Judge, and DAVIS and BENNETT, Judges.

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

BENNETT, Judge.

This is another in a recent spate of Medicare provider cases. In question is the propriety of Medicare's recoupment of "reimbursements" to plaintiff's nine hospitals for accrued but unpaid interest expenses. The dispute springs from Medicare's recovery of the reimbursements when a private law was passed to forgive plaintiff's debt of principal and interest...

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