RICHEY MANOR, INC. v. SCHWEIKER

No. 81-1045.

684 F.2d 130 (1982)

RICHEY MANOR, INC., d/b/a Richey Manor Nursing Home, Appellant, v. Richard SCHWEIKER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 30, 1982.


Attorney(s) appearing for the Case

Leonard C. Homer, Washington, D. C., with whom Pamela J. White, Baltimore, Md., was on the brief, for appellant.

David B. Palmer, Dept. of Health and Human Services, of the bar of the District of Columbia Court of Appeals, pro hac vice by special leave of the Court, with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, was on the brief, for appellee. Nathan Dodell, Royce C. Lamberth and Kenneth M. Raisler, Asst. U. S. Attys., Washington, D. C., also entered appearances for appellee.

Before EDWARDS and BORK, Circuit Judges, and BONSAL, Senior District Judge for the Southern District of New York.


Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

Petitioner, Richey Manor, Inc., appeals from a judgment of the district court disallowing Medicare reimbursement for certain costs incurred in the purchase and operation of a health care facility (referred to as a "provider" of health services). Petitioner, which is the provider, apparently agrees that reimbursement of the types sought are not called for when 100% of the stock of a provider...

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