UNITED STATES v. HUGHES HOUSE NURSING HOME, INC.

No. 82-1717.

710 F.2d 891 (1983)

UNITED STATES of America, Plaintiff, Appellant, v. HUGHES HOUSE NURSING HOME, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 1, 1983.


Attorney(s) appearing for the Case

Patti B. Saris, Asst. U.S. Atty., Boston, Mass., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief, for plaintiff, appellant.

Usher A. Moren, Cambridge, Mass., with whom David Berman, and Berman & Moren, Cambridge, Mass., were on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, HAYNSWORTH, Senior Circuit Judge, and BREYER, Circuit Judge.


BREYER, Circuit Judge.

On December 5, 1979, the United States sued the Hughes House Nursing Home, Inc. and Walter Hughes to recover Medicare overpayments that Blue Cross made to the Home from 1967 to 1971. The applicable statute of limitations (insofar as relevant here) provides that this action

shall be barred unless the complaint is filed within six years after the right of action accrues . . . .

28 U.S.C. § 2415(a). The district court held...

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