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UNITED STATES v. HERBERMAN

No. 77-5454.

583 F.2d 222 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Harvey G. HERBERMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 6, 1978.

Attorney(s) appearing for the Case

Raymond C. Caballero, El Paso, Tex., Charles Alan Wright, Austin, Tex., for defendant-appellant.

Jamie C. Boyd, U. S. Atty., LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., Stanley Serwatka, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before CLARK, FAY and VANCE, Circuit Judges.

FAY, Circuit Judge:

A grand jury indictment, filed in the United States District Court for the Western District of Texas on March 22, 1977, charged appellant, Dr. Harvey Herberman, with forty counts of making false, fictitious and fraudulent statements regarding material facts in a matter within the jurisdiction of the Department of Health, Education and Welfare (HEW) and the Social Security Administration in violation of 18 U.S.C. § 1001.1...

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