OPINION
FRYE, District Judge:
The matters before the court are 1) the second renewed motion for summary judgment of the defendants and the counterclaimant, United States of America (# 150); and 2) the motion for summary judgment of the plaintiff, Neal Rendleman, M.D. (# 157).
FACTS
Some of the facts stated are taken from the opinion in Rendleman v. Bowen,
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