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WOODLAND NURSING HOME CORP. v. HARRIS

No. 74 Civ. 3483 (KTD).

514 F.Supp. 110 (1981)

WOODLAND NURSING HOME CORPORATION, Plaintiff, v. Patricia R. HARRIS, individually and as Secretary of Health, Education and Welfare, and The Travelers Insurance Company, Defendants and Third-Party Plaintiffs, v. WOODLAND NURSING HOME ASSOCIATES d/b/a Woodland Nursing Home, Irving Sendar and Martin Marmon, Third-Party Defendants.

United States District Court, S. D. New York.

April 13, 1981.

Attorney(s) appearing for the Case

Litman, Friedman, Kaufman & Asche and McLaughlin, Stern, Ballen & Miller, New York City, for plaintiff; Richard M. Asche, Lewis R. Friedman, Stephen S. Bernstein, New York City, of counsel.

John S. Martin, Jr., U. S. Atty., S. D. New York, New York City, for defendants and third-party plaintiffs; Susan M. Campbell, Asst. U. S. Atty., Frank V. Smith, III, Regional Atty., Region II, Julia Reed, Asst. Regional Atty., Office of the Gen. Counsel, Dept. of Health and Human Services, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge:

This is a renewal motion for summary judgment brought by the plaintiff Woodland Nursing Home Corporation on its claim to recover payments allegedly due under the Medicare program. The defendants in turn move for summary judgment on their counterclaim to collect from the plaintiff certain overpayments. For the following reasons, plaintiff's motion is denied and defendants' motion is granted.

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