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UNITED STATES v. WOODCREST NURSING HOME

Nos. 561, 660, Dockets 82-6164, 82-6174.

706 F.2d 70 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. WOODCREST NURSING HOME, a Partnership, Gerald Schwartz, individually and doing business as Woodcrest Nursing Home, Donald Goldberg, Irwin M. Rosenthal, Jack E. Bronston, and Hilda Peirez, William Peirez and Barbara Kirby, as Executors of the Estate of Lawrence Peirez, Defendants. Irwin M. ROSENTHAL, Jack E. Bronston, and Hilda Peirez, William Peirez and Barbara Kirby, as Executors of the Estate of Lawrence Peirez, Defendants-Appellees, v. WOODCREST NURSING HOME, a partnership, Gerald Schwartz, individually and doing business as Woodcrest Nursing Home, Defendants-Appellees-Appellants, v. Donald GOLDBERG, Defendant-Appellant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 20, 1983.

Attorney(s) appearing for the Case

Charles S. Kleinberg, Asst. U.S. Atty., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Miles M. Tepper, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for plaintiff-appellee.

E. Cooke Rand, P.C., New York City, filed a brief for defendants-appellees.

Charles Haydon, New York City (Dublirer, Haydon, Straci & Victor, New York City, on the brief), for defendants-appellees-appellants.

H. Stuart Klopper, Mineola, N.Y., filed a brief for defendant-appellant-appellee.

Before KEARSE, WINTER and PRATT, Circuit Judges.

KEARSE, Circuit Judge:

These appeals arise out of the adjudications of (1) a claim of plaintiff United States to recover overpayments made by the Secretary of Health, Education and Welfare ("Secretary") to defendant Gerald Schwartz, individually and doing business as Woodcrest Nursing Home ("Woodcrest") as a provider of Medicare services, (2) a counterclaim by Schwartz asserting a want of due process in the administrative treatment of Woodcrest's Medicare reimbursement...

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