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HOMEWOOD PROFESSIONAL CARE CENTER, LTD. v. HECKLER

No. 83-3301.

764 F.2d 1242 (1985)

HOMEWOOD PROFESSIONAL CARE CENTER, LTD., Plaintiff-Appellant, v. Margaret A. HECKLER, in her official capacity as Secretary of the United States Department of Health and Human Services, Certain Unknown Officials and Agents of the United States Department of Health and Human Services, in their official and individual capacities, and Jerome Howard, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 12, 1985.

As Amended August 12, 1985.

Attorney(s) appearing for the Case

David E. Bennett, Chadwell & Kayser, Ltd., Chicago, Ill., for plaintiff-appellant.

Thomas P. Walsh, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., for defendants-appellees.

Before CUDAHY, COFFEY and FLAUM, Circuit Judges.

COFFEY, Circuit Judge.

The plaintiff, Homewood Professional Care Center, Ltd. ("Homewood"), operated a nursing home as a participant in the Medicare program from 1975 through 1977. After Homewood voluntarily withdrew from the Medicare program, it submitted reimbursement claims to the Department of Health and Human Services for services provided to Medicare recipients during two separate accounting periods. While the claims...

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