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UNITED STATES v. DIAZ

No. 83-5133.

740 F.2d 1491 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Mario DIAZ, M.D., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 6, 1984.

Attorney(s) appearing for the Case

Xavier L. Suarez, Miami, Fla., for defendant-appellant.

Stanley Marcus, U.S. Atty., Ira Gropper, Asst. U.S. Atty., Miami, Fla., Steven J. Edelstein, Asst. Regulatory Atty., HHS, Atlanta, Ga., Judy K. Hunt, Miami, Fla., for plaintiff-appellee.

Before FAY and ANDERSON, Circuit Judges, and MARKEY, Chief Judge of the Federal Circuit.

R. LANIER ANDERSON, Circuit Judge:

The United States sued Dr. Mario Diaz for alleged overcharges under Part B of the Medicare program. Adopting the analysis set forth today by this court in United States v. Kass, 740 F.2d 1493 (11th Cir.1984), we reverse and remand for further proceedings.

From 1973 through 1975, Dr. Diaz filed for reimbursements under Part B of the Medicare program for treatments provided to eligible...

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