WOODSTOCK/KENOSHA HEALTH CENTER v. BOWEN

No. 85-3106.

810 F.2d 123 (1987)

WOODSTOCK/KENOSHA HEALTH CENTER, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of the United States Department of Health and Human Services, Defendant-Appellant, and Linda Reivitz, Secretary of the Wisconsin Department of Health and Social Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 13, 1987.

Rehearing and Rehearing Denied March 18, 1987.


Attorney(s) appearing for the Case

Thomas W. Crawley, Dept. Health & Human Service, Chicago, Ill., for defendant-appellant.

F. Thomas Creeron, III, Dept. of Justice of State of Wis., Madison, Wis., Carol Colborn, Pierson, Ball & Dowd, Washington, D.C., for plaintiff-appellee.

Before BAUER, Chief Judge, and COFFEY and RIPPLE, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 18, 1987.

RIPPLE, Circuit Judge.

The Secretary of the United States Department of Health and Human Services appeals from the judgment of the district court which held that he is without authority to recover the federal share of Medicaid funds which he alleges were improperly paid to the appellee, Woodstock/Kenosha Health Center. After reviewing the statutory and regulatory...

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