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U.S. v. DUZ-MOR DIAGNOSTIC LABORATORY, INC.

No. 80-1612.

650 F.2d 223 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. DUZ-MOR DIAGNOSTIC LABORATORY, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1981.

Rehearing Denied October 16, 1981.

Attorney(s) appearing for the Case

John D. Vandevelde, Talcott, Vandevelde & Woehrle, Los Angeles, Cal., for defendant-appellant.

Andrea Sheridan Ordin, U. S. Atty., Los Angeles, Cal., on brief; Robert A. Pallemon, Asst. U. S. Atty., Los Angeles, Cal., argued, for plaintiff-appellee.

Before GOODWIN and SCHROEDER, Circuit Judges, and EAST, District Judge.

GOODWIN, Circuit Judge.

Duz-Mor Diagnostic Laboratory, Inc. was convicted in a nonjury trial of Medicare and Medi-Cal fraud in violation of 42 U.S.C. §§ 1395nn(b)(2)(A) and 1396h(b)(2)(A). On appeal Duz-Mor contends that its conviction must be reversed because the conviction was inconsistent with the trial court's dismissal of the indictment of Irigene Morehead, the corporate officer and only human agent representing the corporation in the challenged transaction...

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