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U.S. v. ST. LUKE'S SUBACUTE CARE HOSPITAL, INC.

No. 04-10231.

478 F.3d 1088 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. ST. LUKE'S SUBACUTE CARE HOSPITAL, INC.; Guy Roland Seaton, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

March 2, 2007.

Attorney(s) appearing for the Case

Amber S. Rosen, Esq., USSJ—Office of the U.S. Attorney, San Jose, CA, for Plaintiff-Appellee.

Patrick Sarsfield Hallinan, Esq., Kenneth H. Wine, Esq., Hallinan & Wine, Dennis P. Riordan, Esq., Riordan & Horgan, San Francisco, CA, for Defendants-Appellants.

BEEZER, Circuit Judge, dissenting.

In a memorandum disposition filed on May 5, 2006, the unanimous panel assigned to this case says:

Appellants were indicted on May 8, 2001. Count 1—the conspiracy count—alleged that appellants inflated their cost reports and fabricated payroll reports, time-cards, and nursing schedules; submitted false cost reports for 1996, 1997, and 1998; created false nursing logs and schedules in preparation for...

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