U.S. v. REGENCE BLUECROSS BLUESHIELD OF UTAH

No. 2:99CV86K.

334 F.Supp.2d 1278 (2004)

UNITED STATES of America, ex rel. Edyth L. SIKKENGA, and Edyth L. Sikkenga, on her own behalf, Plaintiffs, v. REGENCE BLUECROSS BLUESHIELD OF UTAH, f.k.a. Blue Cross and Blue Shield of Utah; Associated Regional and University Pathologists, Inc.; John P. Mitchell; Jed H. Pitcher; Frank Brown; and Does 1-30, Defendants.

United States District Court, D. Utah, Central Division.

August 17, 2004.


Attorney(s) appearing for the Case

Eric A. Overby, U.S. Attorney's Office, David K. Isom, Matthew R. Howell, David K. Isom Law Offices, Roger H. Hoole, Hoole & King LC, Salt Lake City, UT, Daniel Day, Murray, UT, for Plaintiffs.

Randy L. Dryer, James T. Blanch, Parsons Behle & Latimer, Salt Lake City, UT, Robert K. Huffman, Miller & Chevalier Chartered, Washington, DC, Robert R. Harrison, Snow Christensen & Martineau, James S. Jardine, Paul C. Burke, Ray Quinney & Nebeker, Salt Lake City, UT, for Defendants.


MEMORANDUM DECISION AND ORDER

KIMBALL, District Judge.

This matter is before the court on Defendant Associated Regional and University Pathologists, Inc.'s ("ARUP") motion to dismiss. Defendant ARUP argues that this court lacks subject matter jurisdiction over Plaintiff's qui tam claims based on two separate grounds. First, ARUP asserts that it is a state agency because it is wholly owned and controlled by the University of Utah and, therefore, cannot be...

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