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U.S. v. LAHEY CLINIC HOSPITAL, INC.

No. 04-1753.

399 F.3d 1 (2005)

UNITED STATES of America, Plaintiff, Appellee, v. LAHEY CLINIC HOSPITAL, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 4, 2005.

Attorney(s) appearing for the Case

Richard P. Ward, with whom Ropes & Gray LLP was on brief, for appellant.

Jeffrey Clair, Attorney, Civil Division, United States Justice Department, with whom Peter D. Keisler, Assistant Attorney General, Michael J. Sullivan, United States Attorney, Douglas N. Letter, and Nancy Rue, Attorneys, Civil Division, United States Justice Department, were on brief, for appellee.

Before LYNCH, LIPEZ, HOWARD, Circuit Judges.

LYNCH, Circuit Judge.

The United States filed a civil complaint in federal district court under 28 U.S.C. § 1345 alleging that the Lahey Clinic Hospital billed Medicare and received payment for tests and other diagnostic procedures performed by its clinical laboratory when Lahey knew, or reasonably should have known, that the tests were not reasonable and necessary for diagnosis or treatment of illness or injury of Medicare beneficiaries. The United States sought...

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