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STEWARDS FOUNDATION v. UNITED STATES

No. 180-79C.

654 F.2d 28 (1981)

STEWARDS FOUNDATION, a corporation, v. The UNITED STATES.

United States Court of Claims.

June 17, 1981.

Attorney(s) appearing for the Case

A. T. Wendells, Seattle, Wash., attorney of record, for plaintiff; Wendells, Froelich, Lakefish & Power, Seattle, Wash., of counsel.

Mary S. Mitchelson, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, for defendant; Thomas K. Stuber, Washington, D. C., of counsel.

Before DAVIS, NICHOLS, and KASHIWA, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT

KASHIWA, Judge.

This case is before the court on the parties' cross motions for summary judgment. After consideration of the briefs and oral argument, we grant the defendant's motion and dismiss the plaintiff's petition. We hold in this Medicare Act suit that the defendant may retroactively adjust the previously allowed costs for depreciation claimed by plaintiff...

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