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ERIKA, INC. v. UNITED STATES

No. 374-77.

647 F.2d 129 (1981)

ERIKA, INC. v. The UNITED STATES.

United States Court of Claims.

February 6, 1981.

Attorney(s) appearing for the Case

Stephen H. Oleskey, Boston, Mass., atty. of record for plaintiff. Timothy H. Gailey and Hale & Dorr, Boston, Mass., of counsel.

Dwight D. Meier, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant. Margaret J. Porter, Dept. of Health and Human Services, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, and DAVIS, NICHOLS, KASHIWA, KUNZIG, BENNETT and SMITH, Judges, en banc.

ON DEFENDANT'S MOTION FOR REHEARING

ORDER

The defendant has requested us to make clear that our opinion of October 22, 1980, 634 F.2d 580 (Ct.Cl.,) was not intended to invalidate a portion of section 5010.1 of the Medicare Carriers Manual.

In that opinion we held that in determining the plaintiff's reimbursable "reasonable charges" for Medicare services, The Prudential Insurance Company of America (Prudential)...

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