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U.S. EX REL. SCHELL v. BATTLE CREEK HEALTH

No. 04-1418.

419 F.3d 535 (2005)

UNITED STATES Ex REL. Thomas M. SCHELL, Plaintiff-Appellant, v. BATTLE CREEK HEALTH SYSTEM, a Michigan non-profit corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2005.

Attorney(s) appearing for the Case

ARGUED: Mark W. Hafeli, Beier Howlett P.C., Bloomfield Hills, Michigan, for Appellant. Alan G. Gilchrist, Foster, Swift, Collins & Smith, Farmington Hills, Michigan, for Appellee. ON BRIEF: Mark W. Hafeli, Beier Howlett P.C., Bloomfield Hills, Michigan, for Appellant. Alan G. Gilchrist, Foster, Swift, Collins & Smith, Farmington Hills, Michigan, for Appellee.

Before: MOORE and COOK, Circuit Judges; GWIN, District Judge.

MOORE, J., delivered the opinion of the court, in which GWIN, D.J., joined.

COOK, J. (pp. 542-543), delivered a separate dissenting opinion.

OPINION

MOORE, Circuit Judge.

Relator Thomas Schell ("Schell") appeals from the district court's entry of summary judgment in favor of Defendant-Appellee Battle Creek Health System ("Battle Creek") in the underlying False Claims Act ("FCA") qui tam suit. Schell's central allegation is that Battle...

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