United States v. Robert's Nursing Home, Inc. And Robert W. Burton

NICHOLS, Circuit Judge.

This action was filed pursuant to 28 U.S.C. § 1345 by the United States on Feb ruary 23,1978, to recover amounts allegedly overpaid to appellees, defendants below, Robert’s Nursing Home, Inc., and Robert W. Burton (appellees), from January 1,1967 through May 31,1970, while appellees were participating as a provider of services in the Medicare program. 42 U.S.C. § 1395 et seq. The district court entered judgment in favor of the appellees, concluding that the United States was barred from recovery in this matter by the statute of limitations. We affirm.

Under the Medicare…