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UNITED STATES v. AQUAVELLA

Nos. 1132, 1557, Docket 79-6017.

615 F.2d 12 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. James V. AQUAVELLA and Salmon C. Harvey, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 6, 1979.

Modified On Rehearing March 17, 1980.

Attorney(s) appearing for the Case

Robert C. Bernius, Rochester, N.Y. (Margaret J. Gillis, and Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., on the brief), for appellant Aquavella.

David L. Fox, New York City (Lane Felcher Kurlander & Fox, New York City, on the brief), for appellant Harvey.

Richard P. Caro, Asst. U. S. Atty., Brooklyn, N.Y. (Edward R. Korman, U. S. Atty., and Harvey M. Stone, Asst. U. S. Atty., Brooklyn, N.Y., on the brief), for appellee.

Before WATERMAN, FEINBERG and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered in a civil action after a bench trial in the Eastern District of New York, Jacob Mishler, Chief Judge, granting judgment in favor of the United States in the amount of $251,567.00 plus interest, representing recovery of excess interim payments and advances paid to appellants under the Medicare Act1 for their operation of an extended care facility, the following are the...

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