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UNITED STATES v. PORTER

No. 78-5020.

591 F.2d 1048 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Delmer PORTER, Kenneth A. Berdick, M.D. and Myron Teitelbaum, M.D., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 21, 1979.

Attorney(s) appearing for the Case

Barbara L. Suhar, South Miami, Fla., for Porter.

Eugene Heiman, Miami, Fla., for Berdick.

Albert J. Krieger, Miami, Fla., for Teitelbaum.

Jack V. Eskenazi, U. S. Atty., Miami, Fla., James Roland DiFonzo, Atty., Appellate Section, Sidney M. Glazer, Nash W. Schott, Crim. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GEWIN, COLEMAN and GOLDBERG, Circuit Judges.

COLEMAN, Circuit Judge.

This criminal prosecution springs from attempts by the government to police a vast, ever-expanding Medicare program. Since the occurrence of the activities treated in this appeal, Congress has amended one statute to more specifically describe what conduct is proscribed. Moreover, the Department of Health, Education and Welfare no longer pays for the services which prompted the indictment of these...

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