CAREMARK, INC. v. GOETZ

No. 05-6903.

480 F.3d 779 (2007)

CAREMARK, INC., a California Corporation, Plaintif-Appellant, v. David GOETZ, in his official capacity as Commissioner of the Tennessee Department of Finance and Administration; Jason D. Hickey, in his official capacity as Deputy Commissioner of the Bureau of TennCare, Defendants-Appellees, United States of America, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 13, 2007.


Attorney(s) appearing for the Case

ARGUED: Jennifer L. Weaver, Waller, Lansden, Dortch & Davis, Nashville, Tennessee, for Appellant. Peter M. Coughlan, Office of the Attorney General, Nashville, Tennessee, for Appellees. Tara Leigh Grove, United States Department of Justice, Washington, D.C., for Intervenor. ON BRIEF: Jennifer L. Weaver, Paul S. Davidson, Waller, Lansden, Dortch & Davis, Nashville, Tennessee, for Appellant. Peter M. Coughlan, Office of the Attorney General, Nashville, Tennessee, for Appellees. William Kanter, Anne Murphy, United States Department of Justice, Washington, D.C., for Intervenor.

Before: KEITH and COLE, Circuit Judges; STEEH, District Judge.


OPINION

DAMON J. KEITH, Circuit Judge.

Plaintiff-Appellant Caremark, Inc. ("Caremark") appeals the district court's judgment denying Caremark's motion for summary judgment and granting summary judgment in favor of Defendants-Appellees David Goetz and Jason D. Hickey, sued in their official capacities as Commissioner of the Tennessee Department of Finance and Administration, and Deputy Commissioner of the Bureau of TennCare ("TennCare"), respectively, (collectively...

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