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U.S. v. CONSUMER HEALTH SERVICES OF AMERICA, INC.

No. 96-5148.

108 F.3d 390 (1997)

UNITED STATES of America, Appellant, v. CONSUMER HEALTH SERVICES OF AMERICA, INC. and Roger Schlossberg, Trustee, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 18, 1997.

Attorney(s) appearing for the Case

Jeffrey A. Clair, Attorney, United States Department of Justice, Washington, DC, argued the cause for appellant, with whom Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., United States Attorney, and William G. Kanter, Deputy Director, United States Department of Justice, were on the briefs. R. Craig Lawrence, Assistant United States Attorney, entered an appearance.

Roger Schlossberg, Hagerstown, MD, argued the cause and filed the briefs for appellees.

Before: SILBERMAN, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Concurring opinion filed by Circuit Judge SENTELLE.

SILBERMAN, Circuit Judge:

The United States appeals the district court's affirmance of the bankruptcy court's denial of its motion to deduct prior Medicare overpayments from reimbursement otherwise due the appellees. We reverse.

I.

Consumer Health Services of America was a provider of home health care services. In 1976, it signed...

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