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HOMAN & CRIMEN, INC. v. HARRIS

No. 78-3364.

626 F.2d 1201 (1980)

HOMAN & CRIMEN, INC., et al., Plaintiffs-Appellees, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 1, 1980.

Attorney(s) appearing for the Case

Jamie C. Boyd, U. S. Atty., San Antonio, Tex., Janet Ruesch, Asst. U. S. Atty., El Paso, Tex., Willaim Kanter, Dept. of Justice, Civil Div., Appellate Section, Washington, D.C., Suzanne Cochran, Asst. Regional Atty., Dept. of H.E.W., Dallas, Tex., for defendant-appellant.

Patric Hooper, Robert A. Klein, Los Angeles, Cal., for plaintiffs-appellees.

Before WISDOM, RONEY and HATCHETT, Circuit Judges.

RONEY, Circuit Judge:

The Secretary of Health and Human Services appeals from a judgment of the district court reversing her determination that increased Medicare reimbursement for indirect costs such as depreciation, interest and return on equity cannot be based on a step-up in basis resulting when all the stock of a Medicare provider is purchased but the corporate provider continues to own the assets. Finding that the...

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