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PACIFIC COAST MEDICAL ENTERPRISES v. HARRIS

Nos. 77-2914, 77-3281.

633 F.2d 123 (1980)

PACIFIC COAST MEDICAL ENTERPRISES, a California Corporation, Plaintiff-Appellant and Cross-Appellee, v. Patricia HARRIS, Secretary of the United States Department of Health, Education and Welfare; et al., Defendants-Appellees and Cross-Appellants. Department of Benefit Payments of the State of California, Amicus Curiae.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 23, 1980.

Attorney(s) appearing for the Case

Sherwin L. Memel, Los Angeles, Cal., on brief, for plaintiff-appellant and cross-appellee; Memel, Jacobs, Pierno & Gersh, Los Angeles, Cal., argued.

Arthur R. Chenen, Los Angeles, Cal., for Pacific Coast Medical.

Henry Eigles, Baltimore, Md., for H. E. W.

Before GOODWIN and TANG, Circuit Judges, and EAST, District Judge.

EAST, District Judge:

Pacific Coast Medical Enterprises (PCME), a California corporation and provider of Medicare services,1 petitioned the District Court to review a final decision of the Secretary of Health, Education and Welfare denying reimbursement for certain amounts claimed by PCME to be compensable under Medicare. PCME had acquired the assets of a corporate Medicare provider by first purchasing 100 percent of the capital stock...

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