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U.S. v. EASTERN MEDICAL BILLING INC.

Nos. 99-5489, 99-5490, 99-5491.

230 F.3d 600 (2000)

UNITED STATES of America, v. EASTERN MEDICAL BILLING, INC. (Appellant in 99-5490) United States of America, v. Joseph Podlaseck (Appellant in 99-5490). United States of America, v. David Podlaseck (Appellant in 99-5491).

United States Court of Appeals, Third Circuit.

Filed October 13, 2000.

Attorney(s) appearing for the Case

Luis M. Matos, Esq. [Argued], Office of United States Attorney, Federal Building 1201 Market Street P. O. Box 2046, Suite 1100 Wilmington, DE 19899-2046, Counsel for Appellee United States of America.

Peter Goldberger, Esq. [Argued], Law Office of Peter Goldberger 50 Rittenhouse Place Ardmore, PA 19003-2276, Counsel for Appellants Eastern Medical Billing, Inc. (No. 99-5489) and David Podlaseck (No. 99-5491).

Raymond M. Radulski, Esq. [Argued] Suite 301 1225 North King Street Legal Arts Building Wilmington, DE 19801, Counsel for Appellant Joseph Podlaseck (No. 99-5490).

Before McKEE and RENDELL, Circuit Judges, and DEBEVOISE, Senior District Judge.

OPINION OF THE COURT

RENDELL, Circuit Judge.

In United States v. Fioravanti, 412 F.2d 407 (3d Cir.1969), we announced a prophylactic rule prohibiting the use of Allen charges. This appeal requires us to apply our decision in Fioravanti and its progeny to the supplemental charge given by the District Court during the jury's deliberation.

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