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SAN LAZARO ASS'N, INC. v. CONNELL

Nos. 00-55065, 00-55377, 00-55963, 00-55610.

278 F.3d 932 (2002)

SAN LAZARO ASSOCIATION, INC., dba Biomedical Laboratory, Plaintiff-Appellee, v. Kathleen CONNELL, Controller of the State of California, Defendant-Appellant. Oganes Nagapetyan; Khachik Simonyan, Plaintiffs-Appellees, v. Kathleen Connell, Controller of the State of California; Joseph Munso, Chief Deputy Director of the California Department of Health Services, Defendants-Appellants. Clinical Care Laboratory, Inc., Plaintiff-Appellee, v. Kathleen Connell, Controller of the State of California; S. Kimberly Belshe, Director of the Department of Health Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 24, 2002.

Attorney(s) appearing for the Case

Sandra L. Goldsmith, Deputy Attorney General of the State of California, Los Angeles, California, for the defendants-appellants.

Patric Hooper, Hooper, Lundy & Bookman, Inc., Los Angeles, California, for the plaintiffs-appellees.

Robert D. Kamenshine, United States Department of Justice, Civil Division, Washington, D.C., for amicus United States Department of Health and Human Services, in support of defendants-appellants.

Before: NOONAN, SILVERMAN, and PAEZ, Circuit Judges.

PAEZ, Circuit Judge.

This case arises from a joint effort by the State of California and the Federal Bureau of Investigation ("FBI") to investigate fraud in the State's Medicaid/Medi-Cal Program. Plaintiffs are providers of medical services to Medi-Cal recipients. The California Department of Health Services ("DHS") instructed the Controller of the State of California ("Controller") to withhold payments to Plaintiffs after receiving an audit report from the Controller...

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