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LIVINGSTON CARE CENTER, INC. v. U.S.

No. 90-1804.

934 F.2d 719 (1991)

LIVINGSTON CARE CENTER, INCORPORATED; Care Centers of Michigan, Incorporated, Plaintiffs-Appellants, v. UNITED STATES of America, Robert Spain, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 31, 1991.

Attorney(s) appearing for the Case

Michael H. Perry (argued), Fraser, Trebilcock, Davis & Foster, Lansing, Mich., for plaintiffs-appellants.

Marlene Dayne, Asst. U.S. Atty., Office of U.S. Atty., Flint, Mich., Sally Trebbe (argued), Dept. of HHS, Washington, D.C., for defendants-appellees.

Before BOYCE F. MARTIN and GUY, Circuit Judges, and EDWARDS, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Livingston Care Center, Inc. and Care Centers of Michigan, Inc., operators of a nursing home in Howell, Michigan, appeal the district court's dismissal of their claims for damages resulting from their termination as a Medicare provider. We are presented with the question of whether claims based on the wrongful termination of a Medicare provider agreement by the Secretary of Health and Human Services "arise under" the Medicare Act...

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