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UNITED STATES v. HORTON

No. 84-3374.

760 F.2d 1225 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Ernestine HORTON, d/b/a Pine View Manor Nursing Home, and McKinley Horton, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 21, 1985.

Attorney(s) appearing for the Case

Mark H. Gallant, Mark B. Stern, Janice Alperin, U.S. Dept. of Justice, Appellate Staff, Civil Div., Washington, D.C., for plaintiff-appellant.

John O'Brien, Bill R. Hutto, Panama City, Fla., for defendants-appellees.

Before GODBOLD, Chief Judge, HATCHETT, Circuit Judge, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

This is an appeal by the United States from a judgment by the district court holding that certain transfers of property which stood in the name of Ernestine Horton to herself and her husband, McKinley Horton, as tenants by the entirety, were not in fraud of creditors. In 1978, the United States obtained a judgment against Ernestine for Medicare program overpayments received by her in her operation

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