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U.S. v. UNIVERSAL REHABILITATION SERVICES (PA)

Nos. 97-1412 to 97-1414.

205 F.3d 657 (2000)

UNITED STATES of America v. UNIVERSAL REHABILITATION SERVICES (PA), INC., Appellant in No. 97-1412. United States of America v. Attila Horvath, Appellant in No. 97-1413 Cross-Appellee in No. 97-1467 Not a party to the En Banc Proceeding. United States of America v. Richard J. Lukesh, Appellant in No. 97-1414.

United States Court of Appeals, Third Circuit.

Argued November 8, 1999

Decided March 14, 2000.

Attorney(s) appearing for the Case

Thomas C. Carroll (Argued) Carroll & Cedrone, Philadelphia, PA, for Appellants.

Attorney for Appellants Universal Rehabilitation Services (PA), Inc. and Richard J. Lukesh

Michael R. Stiles United States Attorney Walter S. Batty, Jr. Assistant United States Attorney Chief of Appeals Valli F. Baldassano, Suzanne B. Ercole, Robert A. Zauzmer (Argued) Asst. U.S. Attorney Office of the U.S. Atty. Philadelphia, PA for Appellee.

BEFORE: BECKER, Chief Judge, SLOVITER, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, McKEE, RENDELL, BARRY and GARTH, Circuit Judges.

Argued En Banc November 8, 1999

OPINION OF THE COURT

GARTH, Circuit Judge:

We have granted en banc review to resolve a conflict in our court's jurisprudence that has surfaced following the publication of United States v. Cohen, 171 F.3d 796 (3d Cir.1999), United States v. Gaev, 24 F.3d 473 (3d Cir.1994), and United States...

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