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IN RE UPSHER LABORATORIES, INC.

Bankruptcy No. 91-41658-2-11.

135 B.R. 117 (1991)

In re UPSHER LABORATORIES, INC., Debtor.

United States Bankruptcy Court, W.D. Missouri.

December 20, 1991.

Attorney(s) appearing for the Case

Jonathan Margolies, Kansas City, Mo., for debtor.

Douglas S. Polsky, Special Asst. U.S. Atty., Kansas City, Mo., for I.R.S.

P. Glen Smith, Kansas City, Mo., for Creditors Committee.

Judith M. Strong, Asst. U.S. Atty., Kansas City, Mo., for U.S. Dept. of Health & Human Serv.

Shaun K. Baskett, Missouri Dept. of Revenue, Jefferson City, Mo., for State of Mo.

MEMORANDUM OPINION

FRANK W. KOGER, Chief Judge.

This opinion will address the jurisdiction of this Court to hear the merits of a dispute between Upsher Laboratories, Inc., the Chapter 11 debtor, and the United States Department of Health and Human Services, Health Care Financing Administration ("HCFA"). The dispute centers around the existence and amount of an alleged overpayment of Medicare reimbursement funds to Upsher. The issue came before the Court...

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