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UNITED STATES v. KASS

No. 83-5433.

740 F.2d 1493 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Donald M. KASS, M.D., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 6, 1984.

Attorney(s) appearing for the Case

Mandina & Lipsky, P.A., Michael A. Lipsky, Miami, Fla., for defendant-appellant.

Stanley Marcus, U.S. Atty., Ira F. Gropper, Linda Collins-Hertz, Asst. U.S. Atty., Miami, Fla., Shelley Slafkes, Atty., Dept. of Health and Human Services, Atlanta, Ga., for plaintiff-appellee.

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

R. LANIER ANDERSON, III, Circuit Judge:

The United States sued Dr. Donald Kass to recover funds erroneously paid to him for provision of services under the Medicare program. The district court entered summary judgment for the government. Because we conclude that the suit was not filed within the six-year statute of limitations provided by 28 U.S.C.A. § 2415(a) (West 1978), we reverse.

I. BACKGROUND

Title XVIII of the Social Security Act, popularly...

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