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PROVIDENT LIFE AND ACC. INS. CO. v. U.S.

Nos. Civ-1-89-190, Civ.-1-89-316.

772 F.Supp. 1016 (1991)

PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, and its affiliate, Provident Life and Casualty Insurance Company, Plaintiffs, v. The UNITED STATES of America and Louis W. Sullivan, M.D., Secretary of the United States Department of Health and Human Services, Defendants. UNITED STATES of America, Plaintiff, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant.

United States District Court, E.D. Tennessee, S.D.

June 3, 1991.

Attorney(s) appearing for the Case

Timothy H. Bolden, Provident Life and Acc. Ins. Co., Chattanooga, Tenn. and Rita M. Theisen, Charles W. Havens, III, and Michael F. McBride, Leboeuf, Lamb, Leiby & MacRae, Washington, D.C., for Provident.

Michael F. Hertz, Stephen D. Altman, Stanley E. Alderson and Glenn S. Kaplan, U.S. Dept. of Justice, Washington, D.C., for the U.S.

MEMORANDUM

EDGAR, District Judge.

This matter is before the Court upon the renewed motions of Provident Life and Accident Insurance Company ("Provident") (Court File No. 172) and the Government for summary judgment (Court File No. 173) as to Provident's defenses relating to damages, not liability.

I. Background

This lawsuit grows out of various amendments to the Medicare Act, 42 U.S.C. §§ 1101 et seq., which provide...

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