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UNITED STATES v. DIAZ

No. 85-5811.

790 F.2d 866 (1986)

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

United States Court of Appeals, Eleventh Circuit.

June 3, 1986.

Attorney(s) appearing for the Case

Leon B. Kellner, U.S. Atty., Alan I. Mishael, Jon May, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

Xavier L. Suarez, Barnett, Alagia, Zamora & Suarez, John E. Kirkpatrick, Miami, Fla., for defendant-appellee.

Before FAY, Circuit Judge, HENDERSON and NICHOLS, Senior Circuit Judges.

PER CURIAM:

On May 11, 1982 the United States brought suit to recover $25,258.21 in overpayments made to Dr. Mario M. Diaz under Part B of the Medicare program, 42 U.S.C. §§ 1395j-1395w (1982 & Supp. I 1983). The district court entered summary judgment in favor of Dr. Diaz, finding that the government's suit was barred by the statute of limitations. We reverse.

I.

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