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NATIONAL MEDICAL ENTERPRISES, INC. v. SULLIVAN

No. 90-55919.

960 F.2d 866 (1992)

NATIONAL MEDICAL ENTERPRISES, INC., Plaintiff-Appellant, v. Louis S. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 2, 1992.

Attorney(s) appearing for the Case

Patric Hooper, Hooper, Lundy & Bookman, Los Angeles, Cal., for plaintiff-appellant.

Marcus H. Christ, Office of General Counsel, Baltimore, Md., for defendant-appellee.

Before: NORRIS and THOMPSON, Circuit Judges, and KING, District Judge.

SAMUEL P. KING, District Judge:

FACTS

National Medical Enterprises, Inc. ("NME"), a Medicare health care provider, appeals the district court's ruling on summary judgment that it is not entitled to interest under 42 U.S.C. §§ 1395g(d) or 1395oo(f)(2) on Medicare sums erroneously recouped from hospitals owned by NME during fiscal years 1980 through 1984. We affirm.

Medicare is the federal...

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