UNITED STATES v. RADETSKY

No. 74-1484.

535 F.2d 556 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Louis Martin RADETSKY, a/k/a L. M. Radetsky, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 29, 1976.

As Amended May 26, 1976.


Attorney(s) appearing for the Case

Richard J. Spelts, First Asst. U.S. Atty., Denver, Colo. (James L. Treece, U.S. Atty., Denver, Colo., on the brief), for plaintiff-appellee.

Bruce D. Pringle, Denver, Colo. (James A. Clark, Clark, Martin & Pringle, Denver, Colo., on the brief), for defendant-appellant.

Before LEWIS, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.


HOLLOWAY, Circuit Judge.

Defendant-Appellant Radetsky, a Colorado osteopathic physician, was indicted on 41 substantive counts under 18 U.S.C.A. §§ 1001 and 2, and a conspiracy count under 18 U.S.C.A. § 371, in connection with the submission of allegedly false medicare claims. Three of the substantive counts were dismissed by the Government prior to trial. The trial court dismissed the conspiracy count at the close of the evidence. The defendant was...

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