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U.S. EX REL. GAUDINEER & COMITO L.L.P. v. IOWA

No. 00-3899.

269 F.3d 932 (2001)

UNITED STATES of America, ex rel. GAUDINEER & COMITO, L.L.P., Plaintiff-Appellant, v. State of IOWA, Iowa Department of Human Services; Defendants, Gary Gesaman; Defendant-Appellee Carol Ann Martin; Lori Ledger; First Resources Corporation; Alise Palmer; Rachelle Coloson La Master; Independent Case Management, Inc.; Iowa Foundation for Medical Care, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: October 19, 2001.

Rehearing and Rehearing En Banc Denied: December 13, 2001.

Attorney(s) appearing for the Case

Patrick J. McNulty, Des Moines, IA, argued (John Werner and Bedora A. Sheronick, on the brief), for plaintiff-appellant.

Gordon E. Allen, Asst. Atty. Gen., Des Moines, IA, argued, for defendant-appellee.

Before LOKEN, John R. GIBSON, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Gaudineer & Comito, L.L.P., a qui tam relator, brought this action under the False Claims Act against Iowa, the Iowa Department of Human Services (DHS), Gary Gesaman, an employee of DHS and the director of a state program which receives Medicaid funding, and other individuals and organizations which implement the state program. After the Supreme Court issued its decision in Vermont Agency of Natural Res. v. United States ex rel. Stevens...

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