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  5. 874 F.2d 20 (1989)
 

U.S. v. BAY STATE AMBULANCE AND HOSP. RENTAL SERV.

Nos. 88-1866, 88-1867.

874 F.2d 20 (1989)

UNITED STATES of America, Appellee, v. BAY STATE AMBULANCE AND HOSPITAL RENTAL SERVICE, INC. and Michael G. Kotzen, Defendants, Appellants. UNITED STATES of America, Appellee, v. John L. FELCI, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 2, 1989.

As Amended May 9, 1989.

Attorney(s) appearing for the Case

Nancy Gertner, with whom Gail S. Strassfeld, Sharon Beckman, Silverglate, Gertner, Fine & Good and Philip Cormier, Boston, Mass., were on brief for defendants, appellants, Bay State Ambulance and Hosp. Rental Service, Inc. and Michael G. Kotzen.

Margaret A. Burnham, Boston, Mass., with whom Martin C. Gideonse was on brief for defendant, appellant, John L. Felci.

Peter A. Mullin, Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., Boston, Mass., was on brief for the U.S.

Before BOWNES and TORRUELLA, Circuit Judges, and COFFIN, Senior Circuit Judge.

BOWNES, Circuit Judge.

This case arises out of the award of a contract for ambulance service to defendant, Bay State Ambulance and Hospital Rental Service, Inc. (Bay State), by the City of Quincy in 1984. The United States indicted Bay State, its president, Michael G. Kotzen, and John L. Felci, an official at the Quincy City Hospital (QCH), of conspiring to commit Medicare fraud (Count 1). 42 U.S.C. § 1395nn.1 The defendants were...

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