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U.S. EX REL. FULLINGTON v. PARKWAY HOSP.

No. 98-CV-3618(JFB)(RLM).

351 B.R. 280 (2006)

UNITED STATES ex rel. Anthony FULLINGTON, Plaintiff, v. PARKWAY HOSPITAL, INC., Defendant,

United States District Court, E.D. New York.

September 19, 2006.

Attorney(s) appearing for the Case

Richard K. Hayes, Esq., Assistant United States Attorney, Roslynn R. Mauskopf, Esq., United States Attorney, Brooklyn, NY, for United States.

Alan L. Sklover, Esq. and Jason W. Snell, Esq., of Sklover & Associates, New York, NY, for relator plaintiff.

Carlos F. Ortiz, Esq., of DLA Piper Rudnick Gray Cary U.S. LLP, New York, NY, for Defendant.

MEMORANDUM AND ORDER

BIANCO, District Judge.

This action was commenced by relator plaintiff Anthony Fullington in the name of the United States, pursuant to the qui tam provisions of the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-33. The United States elected to intervene and proceed with one count in the action. Defendant Parkway Hospital, Inc. ("Parkway") is in the midst of a Chapter 11 bankruptcy proceeding, and contends that the automatic...

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