IMFC PROFESSIONAL, ETC. v. LATIN AM. HOME HEALTH

No. 80-5085.

676 F.2d 152 (1982)

IMFC PROFESSIONAL SERVICES OF FLORIDA, INC., Plaintiff-Appellee, v. LATIN AMERICAN HOME HEALTH, INC., and Osvaldo De La Pedraja, Defendants-Appellants, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

May 17, 1982.


Attorney(s) appearing for the Case

Greene & Cooper, Marc Cooper, Miami, Fla., for defendants-appellants.

Freidin & Silber, Norman J. Silber, Miami, Fla., for IMFC Professional Services of Fla., Inc.

Richard A. Marshall, Jr., Asst. U. S. Atty., Miami, Fla., for Patricia Roberts Harris.

Before GODBOLD, Chief Judge, TJOFLAT and THOMAS A. CLARK, Circuit Judges.


GODBOLD, Chief Judge:

Appellant Latin American provides home health care, and many of its patients are covered by Medicare. Latin American entered into a contract with IMFC under which IMFC would purchase from Latin American, at a discount, receivables of Latin American. These receivables consisted of reimbursements due Latin American under the Medicare program from the Department of Health and Human Services ("HHS") (or its predecessor HEW) through its fiscal intermediary...

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