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CONDADO HOME CARE PROG., INC. v. COOPERATIVA DE SEGUROS DE VIDA

No. 85-1150.

775 F.2d 457 (1985)

CONDADO HOME CARE PROGRAM, INC., Plaintiff, Appellant, v. COOPERATIVA DE SEGUROS DE VIDA, Secretary of Health and Human Services, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 1, 1985.

Attorney(s) appearing for the Case

Eduardo Morales Coll, Hato Rey, P.R., for plaintiff, appellant.

Connie Raffa, Asst. Regional Atty., New York City, with whom Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., Terry Coleman, Acting General Counsel, Washington, D.C., and Annette Blum, Regional Atty., New York City, were on brief for defendants, appellees.

Before COFFIN, ALDRICH and TORRUELLA, Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

This is an appeal from a district court's denial of a petition to review an administrative decision reducing reimbursement to plaintiff Condado Home Care Program, Inc., hereinafter provider, by not recognizing the full amount paid for supplies furnished it by Metropolitan Equipment Sale & Rental, Inc., hereinafter supplier. Full reimbursement was sought pursuant to the Medicare Program, 42 U.S.C. §§ 1395 et seq....

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