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CHESBROUGH v. VPA, P.C.

No. 10-1494.

655 F.3d 461 (2011)

Richard CHESBROUGH, MD and Kim Chesbrough, Plaintiffs-Appellants, v. VPA, P.C., doing business as Visiting Physicians Association, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2011.

Attorney(s) appearing for the Case

ARGUED: Danielle C. Schoeny , Sommers Schwartz, P.C., Southfield, Michigan, for Appellants. Sheldon H. Klein , Butzel Long , Bloomfield Hills, Michigan, for Appellee. ON BRIEF: Danielle C. Schoeny , Sommers Schwartz, P.C., Southfield, Michigan, for Appellants. Debra A. Geroux , Butzel Long , Bloomfield Hills, Michigan, Max R. Hoffman, Jr. , Butzel Long , Lansing, Michigan, for Appellee.

Before: BOGGS, GILMAN, and COOK, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

Dr. Richard and Kim Chesbrough appeal the district court's grant of the motion of Visiting Physicians Association, P.C. ("VPA") to dismiss their lawsuit alleging violations of the Federal False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq., and the Michigan Medicaid False Claim Act. The Chesbroughs allege as qui tam relators on behalf of the United States that VPA defrauded the government by submitting Medicare...

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