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UNITED STATES v. RUSSO

No. 72-1846.

480 F.2d 1228 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph RUSSO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 6, 1973.

Attorney(s) appearing for the Case

John D. O'Connell, Detroit, Mich., Arthur R. Miller, Cambridge, Mass., for defendant-appellant; Phillip Hoffiz, Detroit, Mich., on brief.

Richard L. Delonis, Asst. U. S. Atty., for plaintiff-appellee; Ralph B. Guy, Jr., U. S. Atty., Detroit, Mich., on brief.

Before PHILLIPS, Chief Judge, and KENT and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

Appellant, Joseph Russo, is an osteopathic physician licensed to practice in Michigan. He and an associate were charged in a single indictment containing 51 counts of violating the mail fraud statute, 18 U.S.C. § 1341. Count one of the indictment was divided into paragraphs I and II. Paragraph I charged that the two physicians "devised and intended to devise a scheme and artifice to defraud Blue Shield of Michigan, . . . by filing claims...

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