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EVANS v. COM.

645 S.W.2d 346 (1982)

Robert R. EVANS, M.D., Movant, v. COMMONWEALTH of Kentucky, Respondent. and Leo J. THOMAS, D.M.D., Movant, v. COMMONWEALTH of Kentucky, Respondent.

Supreme Court of Kentucky.

Rehearing Denied February 16, 1983.

Attorney(s) appearing for the Case

Joseph J. Leary, Frankfort, for movant Robert R. Evans, M.D.

Steven L. Beshear, Atty. Gen., Richard E. Plymale, Asst. Deputy Atty. Gen., Frankfort, for respondent.

Nicholas D. McCubbin, London, for movant Leo J. Thomas, D.M.D.

OPINION OF THE COURT

The movant Evans, a doctor of medicine located in Bell County, was indicted in Franklin County for violating KRS 194.505(6) and KRS 205.850(4). The first count of the indictment alleged that during January through July of 1980 he devised a scheme to obtain Medicaid benefits by means of false and fraudulent representations which were presented for payment in the form of 54 separate claims for physician's services. Count 2 set forth these 54 incidents...

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