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MILE HIGH THERAPY CENTERS, INC. v. BOWEN

Civ. A. No. 86-F-1853.

735 F.Supp. 984 (1988)

MILE HIGH THERAPY CENTERS, INC., Plaintiff, v. Otis R. BOWEN, Secretary, Department of Health and Human Services and Francis T. Ishida, Health Care Financing Administration, Regional Office for Denver, Colorado, Defendants.

United States District Court, D. Colorado.

May 25, 1988.

Attorney(s) appearing for the Case

Nancy P. Tisdall, Denver, Colo., for plaintiff.

Chalk Mitchell, Asst. U.S. Atty., Jay A. Swope, Asst. Regional Counsel, Dept. of Health and Human Services, Region VIII, Denver, Colo., for defendants.

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

SHERMAN G. FINESILVER, Chief Judge.

This matter comes before the court on cross-motions for summary judgment. This is an action arising under the Medicare Act, 42 U.S.C. § 1395 et seq., for judicial review of a final agency decision. Two claims for relief remain.1 The first claim alleges that by determining the amount of overpayment by means of a sampling under the authority...

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