United States v. Ernestine Horton, D/B/A Pine View Manor Nursing Home

Appellant appeals a judgement for the government in an action to recover Medicare overpayments made to appellant’s nursing home from 1967 through 1969, when the nursing home was a “provider” facility under the Medicare Act, 42 U.S.C. § 1395 et seq. After two jury trials and two trials to a special master, the district court awarded the government $98,167, with interest from the date of judgment plus costs, in a final judgment which incorporated four partial summary judgments. Because we find that the district court did not abuse its discretion in granting a new trial or appointing a special…