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U.S. v. VERNON HOME HEALTH, INC.

No. 93-4621.

21 F.3d 693 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. VERNON HOME HEALTH, INC., et al., Defendants, Vernon Home Health Care Agency, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 1, 1994.

Attorney(s) appearing for the Case

Cecil S. Mathis, Dallas, TX, for appellant.

Marquerite Lokey, Asst. Regional Counsel, U.S. Dept. of Health and Human Services, Dallas, TX, Bob Wortham, U.S. Atty., Randi Russell, Asst. U.S. Atty., Tyler, TX, for appellee.

Before KING and SMITH, Circuit Judges, and KAZEN, District Judge.

JERRY E. SMITH, Circuit Judge:

Vernon Home Health Care Agency, Inc. ("Vernon II"), a purchaser of the corporate assets of a medicare provider, Vernon Home Health, Inc. ("Vernon I"), appeals a summary judgment in favor of the government for repayment of medicare overpayments made to Vernon I. Finding that the Social Security Act and federal regulations preempt state corporate law in this regard, we affirm.

I.

In March 1985, Vernon I, a Texas non-profit...

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