FAIRFAX NURSING CTR., INC. v. CALIFANO

No. 77-2136.

590 F.2d 1297 (1979)

FAIRFAX NURSING CENTER, INC., Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education & Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 15, 1979.


Attorney(s) appearing for the Case

Richard A. Olderman, Atty., Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., William B. Cummings, U. S. Atty., Alexandria, Va., Robert E. Kopp and Judith S. Feigin, Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., on brief) for appellant.

Joel M. Hamme, Washington, D. C. (Thomas C. Fox, Pierson, Ball & Dowd, Washington, D. C., on brief), for appellee.

Before BUTZNER and HALL, Circuit Judges, and ROBERT F. CHAPMAN, District Judge for the District of South Carolina, sitting by designation.


BUTZNER, Circuit Judge:

The Secretary of Health, Education, and Welfare appeals from the district court's reversal of an order of the Provider Reimbursement Review Board which allowed the Secretary to recoup the difference between accelerated depreciation payments previously made to Fairfax Nursing Center, Inc., and the amount Fairfax would have received if depreciation had been computed on a straight-line basis. Influenced largely by decisions that have sustained...

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