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HANLESTER NETWORK v. SHALALA

No. 93-55351.

51 F.3d 1390 (1995)

The HANLESTER NETWORK, et al., Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1995.

Attorney(s) appearing for the Case

Patric Hooper, W. Bradley Tully, Hooper, Lundy & Bookman, Inc., Los Angeles, CA, for all plaintiffs-appellants other than plaintiff-appellant Melvin Huntsinger, M.D.; Martin Krawiec, Fullerton, CA, for plaintiff-appellant Melvin Huntsinger, M.D.

Larry J. Goldberg and John J. Meyer, Inspector Gen. Div., Dept. of Health and Human Services, Washington, DC, for defendant-appellee.

Before: POOLE and REINHARDT, Circuit Judges, and TANNER, District Judge.

TANNER, Senior District Judge:

Plaintiffs/appellants appeal the district court's grant of summary judgment in favor of the Secretary, and denial of plaintiffs/appellants motion for summary judgment.

The issues presented are whether appellants violated the provisions of the Medicare-Medicaid anti-kickback statute by (1) offering or paying remuneration to physician limited partners to induce the referral of program-related business to limited partnership laboratories...

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