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QUALMED PLANS FOR HEALTH OF NEW MEXICO v. U.S.

No. 00-5108.

267 F.3d 1319 (2001)

QUALMED PLANS FOR HEALTH OF NEW MEXICO, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: September 24, 2001.

Attorney(s) appearing for the Case

Arthur N. Lerner, Crowell & Moring, LLP, of Washington, DC, argued for plaintiff-appellee.

Franklin E. White, Jr., Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel on the brief was Jill Gerstenfield, Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC.

Before NEWMAN, MICHEL, and RADER, Circuit Judges.

RADER, Circuit Judge.

On summary judgment, the United States Court of Federal Claims denied the United States interest from the dates of its overpayment in 1991 and 1992 under a contract with Qualmed Plans for Health of New Mexico, Inc., (Qualmed). Qualmed Plans for Health of New Mexico, Inc. v. United States, No. 98-145C, slip op. at 11 (Fed.Cl. Jan. 11, 2000). In light of this court's opinion in PCA Health Plans of Texas, Inc. v. LaChance, ...

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