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ALACARE HOME HEALTH SERVICES, INC. v. SULLIVAN

No. 88-7784.

891 F.2d 850 (1990)

ALACARE HOME HEALTH SERVICES, INC., Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 9, 1990.

Attorney(s) appearing for the Case

Joe R. Whatley, Jr., Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, Ala., for plaintiff-appellant.

F. Richard Waitsman, Office of Gen. Counsel, Dept. of Health and Human Services, Atlanta, Ga., Frank W. Donaldson, U.S. Atty., Marvin Neil Smith, Jr., Asst. U.S. Atty., Birmingham, Ala., for defendant-appellee.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge and SMITH, Senior Circuit Judge.

CLARK, Circuit Judge:

In this case, appellant Alacare is appealing two decisions made by the Secretary of Health and Human Services that concern reimbursement to Alacare, a Medicare provider, of reasonable costs incurred in providing Medicare benefits. The Secretary decided, first, that certain office space costs incurred by Alacare in 1980 and 1981 were excessive and, therefore, would not be reimbursed; and second, that Alacare had failed to show "good cause" for...

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