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


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: 006111456801 Filed: 10/05/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Deborah S. Hunt Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 Filed: October 05, 2012 Mr. Michael P. Abate Mr. Michael S. Raab U.S. Department of Justice Civil Division, Appellate Section 950 Pennsylvania Avenue, N.W. Room 7226 Washington, DC 20530 Mr. James F. Bennett Ms. Megan S. Heinsz Dowd Bennett 7733 Forsyth Boulevard Suite 1410 Clayton, MO 63105-0000 Mr. Michael L. Dagley Bass, Berry & Sims 150 Third Avenue, S. Suite 2800 Nashville, TN 37201 Re: Case No. 11-5779, USA, et al v. Renal Care Group, Inc., et al Originating Case No. 3:09-CV-738 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Dixie Aerni Deputy Clerk Enclosures Mandate to issue.

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