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PIA-ASHEVILLE, INC. v. BOWEN

No. 87-5238.

850 F.2d 739 (1988)

PIA-ASHEVILLE, INC. v. Otis R. BOWEN, Secretary, Department of H.H.S., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 24, 1988.

Attorney(s) appearing for the Case

Wendy M. Keats, Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Joseph diGenova,* and Anthony J. Steinmeyer, Dept. of Justice, Washington, D.C., were on the brief, for appellant.

Michael G. Scheininger, Washington, D.C., for appellee.

Before MIKVA and SILBERMAN, Circuit Judges, and PARKER, Judge, United States District Court for the District of Columbia.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The Secretary of Health and Human Services denied reimbursement to a Medicare provider for certain depreciation expenses. The provider had acquired the underlying assets in a two-step transaction, first buying the stock of the corporations that owned the assets, then liquidating those corporations and distributing the assets to itself...

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