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U.S. EX REL. BOOTHE v. SUN HEALTHCARE GROUP, INC.

No. 06-2156.

496 F.3d 1169 (2007)

UNITED STATES of America ex rel. Louanne BOOTHE, Plaintiff-Appellant, v. SUN HEALTHCARE GROUP, INC. Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 7, 2007.

Attorney(s) appearing for the Case

Maureen A. Sanders, Sanders & Westbrook, P.C., Albuquerque, NM (Duff Westbrook, Sanders & Westbrook, P.C. and Daniel M. Faber, Albuquerque, NM, with her on the briefs), for Plaintiff-Appellant.

Paul E. Kalb, Sidley Austin LLP, Washington, D.C. (John W. Boyd and Zachary A. Ives, Freedman Boyd Daniels Hollander & Goldberg, Albuquerque, NM, with him on the brief) for Defendant-Appellee.

Before LUCERO, MURPHY, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Louanne Boothe, a former finance and accounting employee of Sun Healthcare Group, Inc., a Medicare and Medicaid provider, filed a qui tam complaint, alleging that Sun overbilled the United States in ten distinct ways. Finding that three of these allegations were "based upon" information already in the public domain and that she was not an "original source" of that information, the district court held that it lacked subject matter jurisdiction...

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