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HUMANA, INC. v. AVRAM A. JACOBSON, M.D., P.A.

No. 86-2388. Summary Calendar.

804 F.2d 1390 (1986)

HUMANA, INC., d/b/a Humana Hospital San Antonio, Plaintiff-Counter Defendant-Appellee, v. AVRAM A. JACOBSON, M.D., P.A., Defendant-Counter Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

December 3, 1986.

Attorney(s) appearing for the Case

Sullivan, McWilliams, Lewin, Markham & Disner, Jeffrey D. Lewin, Mitchell S. Rosenheim, San Diego, Cal., for defendant-counter plaintiff-appellant.

Jerry A. Gibson, Tim T. Griesenbeck, Jr., San Antonio, Tex., for plaintiff-counter defendant-appellee.

Before RUBIN, RANDALL, and HIGGINBOTHAM, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

At the instance of a hospital that had been paid by Medicare for pathology services rendered to its patients, the district court entered a preliminary injunction prohibiting a pathologist, formerly employed by the hospital, from billing patients, in apparent violation of Medicare regulations, for pathological services provided by the hospital during the period of his employment pending trial of a suit for a permanent injunction against...

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