USA, et al v. Renal Care Group, Inc., et al

Filing

OPINION and JUDGMENT filed: District Court's judgments as to Counts One and Two are REVERSED, and the defendants' motion for summary judgment as to those counts is GRANTED. It is further ordered that the district court's judgments as to all remaining counts are REVERSED and REMANDED, but that defendants' motion for reassignment is DENIED, decision for publication pursuant to local rule 206. R. Guy Cole , Jr. (AUTHORING); Deborah L. Cook, Circuit Judges and Gerald E. Rosen (CONCURRING), Chief District Judge for the E. D. of MI.

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Case: 11-5779 Document: 006111456797 Filed: 10/05/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED No. 11-5779 Oct 05, 2012 UNITED STATES OF AMERICA, ex rel. JULIE WILLIAMS, Plaintiffs - Appellees, DEBORAH S. HUNT, Clerk JOHN MARTINEZ, M.D., Plaintiff, v. RENAL CARE GROUP, INC.; RENAL CARE GROUP SUPPLY COMPANY; FRESENIUS MEDICAL CARE HOLDINGS, INC., Defendants - Appellants. Before: COLE and COOK, Circuit Judges; ROSEN, Chief District Judge. JUDGMENT On Appeal from the United States District Court for the Middle District of Tennessee at Nashville. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s judgments as to Counts One and Two are REVERSED, and the defendants’ motion for summary judgment as to those counts is GRANTED. IT IS FURTHER ORDERED that the district court’s judgments as to all remaining counts are REVERSED AND REMANDED for further proceedings consistent with the opinion of this court, but that defendants’ motion for reassignment is DENIED. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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