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U.S. EX REL. PHILLIPS v. PEDIATRIC SERV., AMERICA

No. CIV.A. 3:97CV360.

223 F.Supp.2d 763 (2002)

UNITED STATES of America, ex rel. Linda Gail PHILLIPS and Linda Gail Phillips, individually, Plaintiffs, v. PEDIATRIC SERVICES OF AMERICA, INC.; Harris Regional Hospital, Inc.; and PSA/HRH, L.L.C., Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

September 11, 2002.

Attorney(s) appearing for the Case

Thomas D. Roberts, Asheville, NC.

Isaac N. Northrup, Northrup & McConnell, PLLC, Asheville, NC.

W. Bradford Searson, Cloninger, Lindsay, Hensley, Searson & Arcuri, Asheville, NC.

Frank D. Whitney, Kilpatrick Stockton LLP, Charlotte, NC.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the parties' joint motion for an indicative ruling. For the reasons stated herein, the motion is denied.

I. PROCEDURAL HISTORY

In 1997, Linda Phillips (Plaintiff) brought this action alleging the Defendants had violated the federal False Claims Act by submitting false or fraudulent Medicare forms for home oxygen therapy. Such claims are...

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