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UNITED STATES v. TAPERT

Nos. 79-5222-79-5224, 79-5269 and 79-5270.

625 F.2d 111 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Richard TAPERT, Harvey Golden, Gerald Weingarden, Donald Freedlander and Robert Gash, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 16, 1980.

Rehearing and Rehearing Denied August 19, 1980.

Attorney(s) appearing for the Case

Michael H. Golob, Detroit, Mich., for defendant-appellant in No. 79-5222.

Robert S. Harrison, Warren J. Perlove, Southfield, Mich., for defendant-appellant in No. 79-5223.

Albert J. Krieger, Miami, Fla., for defendant-appellant in No. 79-5224.

Neil H. Fink, Cynthia Goldfarb, Detroit, Mich., for defendant-appellant in No. 79-5269.

Terence Page, Birmingham, Mich., for defendant-appellant in No. 79-5270.

James K. Robinson, U. S. Atty., Francis L. Zebot, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee.

Before WEICK and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied August 19, 1980.

HARRY PHILLIPS, Senior Circuit Judge.

These are consolidated appeals by five Detroit osteopathic physicians who were convicted of receiving kickbacks for sending urine and blood samples of their patients to Titan Laboratories (Titan) for analysis. All five of the physicians were enrolled in the Medicare and Medicaid programs and the charges for the laboratory analysis were paid to Titan out of Medicare...

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