U.S. EX REL. AFLATOONI v. KITSAP PHYSICIANS SERVICES

No. 97-35395.

163 F.3d 516 (1999)

UNITED STATES of America, ex rel. Alfred AFLATOONI, Plaintiff-Appellant, v. KITSAP PHYSICIANS SERVICES, a non-profit Washington corporation; Northwest Diagnostic Imaging, Inc., a Washington professional services corporation; Pathology Associates of Kitsap County, a Washington Partnership; Ronald Reimer, MD and Susan L. Reimer, his wife; Paul S. McCullough, MD, and Jane Doe McCullough, his wife; Robert C. Schneidler and Sharon K. Schneidler, his wife; Nancy Koch and Richard L. Koch, her husband; Keith Hallman, MD and Kathleen Hallman, his wife; John P. Matan, MD and Susan J. Matan, his wife; Thomas C. Case, MD and Mary Ann Case, his wife; Milton S. Michaelis, MD and Jane Doe Michaelis, his wife; and Defendants Johns Doe and Janes Doe, 1-200, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1998.

Amended January 4, 1999.


Attorney(s) appearing for the Case

Robert L. Vogel, Washington, D.C., Frederick L. Noland, McDonald, Hoague & Bayless, Seattle, Washington, Larry G. Johnson, Seattle, Washington, for the plaintiff-appellant.

Robert G. Homchick, Davis Wright Tremaine, Seattle, Washington, for appellees Kitsap Physicians Service, Case, Koch and Schneidler.

Steve Y. Koh, Perkins Coie, Seattle, Washington, for appellees Matan.

Robert D. Steward, McNaul, Ebel, Nawrot, Helgren & Vance, Seattle, Washington, for appellees Northwest Diagnostic Imaging, Inc., Reimer, McCullough, Bergman and Michaelis.

David B. Robbins, Bennett & Bigelow, Seattle, Washington, for appellees Pathology Associates of Kitsap County and Hallman.

Before: CANBY and TASHIMA, Circuit Judges, and EZRA, District Judge.


ORDER

The opinion filed September 23, 1998 is amended. The amended opinion filed concurrently with this order is substituted in its place.

With these amendments, the petition for rehearing is denied.

OPINION

EZRA, District Judge:

The United States ex rel. Dr. Alfred Aflatooni appeals the district court's dismissal for lack of jurisdiction of his qui tam action against Kitsap Physicians...

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