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IN HOME HEALTH, INC. v. SHALALA

No. 00-1959.

272 F.3d 554 (2001)

IN HOME HEALTH, INC., a Minnesota corporation, Appellee, v. Donna SHALALA, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 19, 2001.

Attorney(s) appearing for the Case

Jonathan H. Levy, Dept. of Justice, Washington, D.C., argued (Anthony J. Steinmeyer, Dept. of Justice, Washington, D.C., on the brief), for appellant.

Jonathan M. Bye, Minneapolis, MN, argued, for appellee.

Before McMILLIAN, FAGG and MURPHY, Circuit Judges.

McMILLIAN, Circuit Judge.

The Secretary of the Department of Health and Human Services (the "Secretary") appeals from a final order entered in the United States District Court1 for the District of Minnesota granting summary judgment in favor of In Home Health, Inc. ("In Home"), reversing the Secretary's decision to disallow Medicare reimbursement for charges covering in-home physical therapy services in excess of the cost limits created...

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