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CITY OF WORCESTER v. HCA MANAGEMENT CO., INC.

Civ. A. No. 90-40012-XX.

753 F.Supp. 31 (1990)

CITY OF WORCESTER, Plaintiff, v. HCA MANAGEMENT COMPANY, INC., Defendant and Third-Party Plaintiff, v. BLUE CROSS BLUE SHIELD OF MASSACHUSETTS, and Ernst & Young, Third-Party Defendants.

United States District Court, D. Massachusetts.

November 26, 1990.

Attorney(s) appearing for the Case

M. Allison Hamm, Gary S. Brackett, Elaine M. Lucas, Worcester, Mass., for City of Worcester.

William A. Horne, Eric L. Yaffe, Goulston & Storrs, Boston, Mass., HCA Management Co., Inc.

Susan L. Carity, Blue Cross and Blue Shield, of Massachusetts, Boston, Mass., for Blue Cross Blue Shield of Massachusetts.

Michael P. Angelini, Louis M. Ciavarra, Vincent F. O'Rourke, Bowditch & Dewey, Worcester, Mass., for Ernst & Young.

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. Procedural Background.

On or about July 2, 1984, the City of Worcester (the "City") and HCA Management Company, Inc. ("Management") signed a contract in which Management agreed to manage the affairs of the Worcester City Hospital (the "Hospital"). During the term of the management contract, duplicate Medicare payments were mistakenly paid to the Hospital and accepted by Management. The complaint in...

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