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PROFESSIONAL MEDICAL CARE HOME, INC. v. HARRIS

No. 79-2299.

644 F.2d 589 (1980)

PROFESSIONAL MEDICAL CARE HOME, INC., Plaintiff-Appellant, v. Patricia HARRIS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 24, 1980.

Attorney(s) appearing for the Case

Alfred H. Plummer, III, Wabash, Ind., for plaintiff-appellant.

Henry Eigles, Baltimore, Md., for defendant-appellee.

Before FAIRCHILD, Chief Judge, WOOD, Circuit Judge, and JAMESON, Senior District Judge.

FAIRCHILD, Chief Judge.

This is an appeal from a judgment in favor of defendant Secretary and against plaintiff. Plaintiff formerly owned a nursing home and was a provider under Medicare. The issues are (1) whether there was substantial evidence to support the Secretary's finding that plaintiff realized a gain exceeding past allowances of depreciation on the sale of the nursing home, and (2) whether the Secretary properly required plaintiff to reimburse the Secretary...

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