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U.S. v. LEVIN

No. 91-5034.

973 F.2d 463 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Richard D. LEVIN; Richard D. Levin, M.D., P.S.C., Inc.; Paul H. Sorg, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 7, 1992.

Rehearing and Rehearing Denied November 4, 1992.

Attorney(s) appearing for the Case

Louis DeFalaise, U.S. Atty., Office of U.S. Atty., Lexington, Ky., Frederick A. Stine, V, Asst. U.S. Atty., Office of U.S. Atty., Covington, Ky., Sean Connelly (argued and briefed), U.S. Dept. of Justice, Civ. Div., Washington, D.C., for plaintiff-appellant U.S.

Glenn V. Whitaker (argued and briefed), Vorys, Sater, Seymour & Pease, Cincinnati, Ohio, for defendant-appellee Richard D. Levin.

Thomas R. Smith (briefed), Cincinnati, Ohio, for defendant-appellee Richard D. Levin, M.D., P.S.C., Inc.

Charles G. Heyd (argued and briefed), Bauer, Morelli & Heyd, Cincinnati, Ohio, for defendant-appellee Paul H. Sorg.

Before: KEITH and MARTIN, Circuit Judges, and KRUPANSKY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied November 4, 1992.

KRUPANSKY, Senior Circuit Judge.

This is an appeal from a decision of the United States District Court for the Eastern District of Kentucky dismissing all but 15 counts of a 560-count indictment against the appellees herein with prejudice. The last 15 counts of the indictment were dismissed without prejudice. Defendants-appellees Richard D. Levin, M.D., P.S.C., Inc. (the "Eye Institute") and Richard...

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