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U.S. v. VICARIA

No. 92-2450.

963 F.2d 1412 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Carlos C. VICARIA, M.D., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 18, 1992.

Attorney(s) appearing for the Case

James C. Preston, Jr., Tamra Phipps Asst. U.S. Attys., U.S. Atty.'s Office, Tampa, Fla., for plaintiff-appellant.

Atlee W. Wampler, II, Wampler, Buchanan & Breen, Miami, Fla., for defendants-appellees.

Before KRAVITCH, EDMONDSON and BIRCH, Circuit Judges.

PER CURIAM:

This case comes before us on the government's emergency motion to stay district court proceedings pending its appeal of the district court's grant of a new trial to Carlos Vicaria ("Vicaria"). In our May 14, 1992, order, we determined that the government's notice of appeal was timely, and we granted the motion for the stay. This opinion follows. We hold that (1) the government's motion for reconsideration of the district court's grant of a new trial tolled...

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