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McCOY v. WEINBERGER

Civ. A. No. C 74-311 L(A).

386 F.Supp. 504 (1974)

Bryan S. McCOY, Jr., d/b/a Twinbrook Nursing Home, and Bryan S. McCoy, Jr., Inc., Plaintiffs, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, et al., Defendants.

United States District Court, W. D. Kentucky, Louisville Division.

November 11, 1974.

Attorney(s) appearing for the Case

Edward H. Stopher, Joseph E. Stopher, Louisville, Ky., for plaintiffs.

Richard Dennis, Stewart Bland, Asst. U. S. Attys., Louisville, Ky., for defendants.

Joseph M. Day, Louisville, Ky., for Blue Cross.

MEMORANDUM OPINION

ALLEN, District Judge.

This action is submitted to the Court on the motions of the parties for summary judgment and on the motion of the defendant to dismiss. The undisputed facts show that the plaintiff is the owner and operator of Twinbrook Nursing Home. Pursuant to the Medicare Program, Twinbrook filed cost reports and cost report documents with the Department of Health, Education and Welfare, hereinafter referred to as HEW, for the...

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