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UNITED STATES v. PRECISION MEDICAL LABORATORIES, INC.

No. 1186, Docket 78-1126.

593 F.2d 434 (1978)

UNITED STATES of America, Appellee, v. PRECISION MEDICAL LABORATORIES, INC. and Elemer Gall, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 21, 1978.

Attorney(s) appearing for the Case

Martin, Obermaier & Morvillo, New York City (Robert G. Morvillo, Carolyn H. Henneman, New York City, of counsel), for defendants-appellants.

Jeremy G. Epstein, Richard D. Weinberg, Asst. U. S. Attys., Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for appellee.

Before MESKILL, Circuit Judge, and DUMBAULD and PORT, District Judges.

PORT, District Judge:

Appellants, Precision Medical Laboratories, Inc. (Precision) and Elemer Gall (Gall) were found guilty1 after a four day jury trial in the Southern District of New York, Bonsal, Judge, of 77 counts charging the filing of false claims with the United States between July 2, 1976 and October 29, 1976 in connection with laboratory services performed for patients covered by the Medicare or Medicaid programs. The filing...

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