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BECKER v. KROLL

Nos. 05-4070, 05-4096.

494 F.3d 904 (2007)

Taj BECKER, M.D., Plaintiff-Appellant-Cross Appellee, v. J. Denis KROLL, Jeff Wright, Terry Allen, Ph.D., Gordon Van Ballegoie, and Michelle Herbert, in their individual, official and representative capacities, Defendants-Appellees-Cross Appellants. Gary R. Evans, Mark Shurtleff, David Gardner, John Does 1-20, in their individual, official and representative capacities, Defendants-Appellees. The Association of American Physicians & Surgeons, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 19, 2007.

Attorney(s) appearing for the Case

Robert R. Wallace, Kirton & McConkie, Salt Lake City, UT, for Plaintiff-Appellant-Cross Appellee.

Debra J. Moore, Assistant Utah Attorney General, Salt Lake City, UT, for Defendants-Appellees-Cross Appellants.

J. Clifford Petersen, Assistant Utah Attorney General, Salt Lake City, UT, for Defendants-Appellees.

Andrew L. Schlafly, Far Hills, NJ, on brief for Amicus Curiae.

Before TYMKOVICH, McWILLIAMS, Circuit Judges, and EAGAN, District Judge.

TYMKOVICH, Circuit Judge.

Taj Becker is a medical doctor in St. George, Utah, who participated in Utah's Medicaid program. Between 1998 and 2001, she was investigated by Utah's Medicaid Fraud Control Unit (MFCU) for alleged billing irregularities. The investigation culminated with the filing of a civil complaint and criminal charges. Those charges were later dismissed by state prosecutors concerned about the methods MFCU...

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