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HOME HEALTH CARE, INC. v. SCHWEIKER

Civ. A. No. 81-1327.

542 F.Supp. 1378 (1982)

HOME HEALTH CARE, INC., Plaintiff, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant.

United States District Court, District of Columbia.

July 14, 1982.

Attorney(s) appearing for the Case

Philip D. Green and Charles B. Wayne, Washington, D. C., for plaintiff.

Stanley S. Harris, U. S. Atty., Royce C. Lamberth, Wayne P. Williams, Asst. U. S. Attys., Sarah Willis Wilcox, Atty., Office of Gen. Counsel, Dept. of Health & Human Services, Washington, D. C., for defendant.

MEMORANDUM OPINION

CURRAN, Senior District Judge.

This matter is before the Court on cross motions for summary judgment. The case arises under the Medicare Act, 42 U.S.C. 1395 et seq. (1981). The plaintiff, Home Health Care, Inc. (HHC) is a nonprofit corporation located in North Miami Beach, Florida, and is in the business of providing nursing care, physical therapy, and other health care services in the homes of people who find it difficult or impossible...

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