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U.S. EX REL. VUYYURU v. JADHAV

Nos. 07-1455, 07-1922.

555 F.3d 337 (2009)

UNITED STATES of America ex rel. Lokesh VUYYURU, Plaintiff-Appellant, v. Gopinath JADHAV, M.D.; Southside Gastroenterology Associates, Limited; Columbia/HCA John Randolph, Incorporated; Petersburg Hospital Company, LLC; Cameron Foundation, a Virginia non-profit corporation, Defendants-Appellees, and Sealed Defendant 1; Sealed Defendant 2; Sealed Defendant 3; Sealed Defendant 4; Sealed Defendant 5; Community Health Systems Professional Services, Incorporated; Petersburg Hospital, Incorporated, Defendants, v. Sealed Movant; United States of America; John Reynolds, Doctor, Movants. United States of America ex rel. Lokesh Vuyyuru, Plaintiff-Appellant, v. Gopinath Jadhav, M.D.; Southside Gastroenterology Associates, Limited; Columbia/HCA John Randolph, Incorporated; Petersburg Hospital Company, LLC; Cameron Foundation, a Virginia non-profit corporation, Defendants-Appellees, and Sealed Defendant 1; Sealed Defendant 2; Sealed Defendant 3; Sealed Defendant 4; Sealed Defendant 5; Community Health Systems Professional Services, Incorporated; Petersburg Hospital, Incorporated, Defendants, v. Sealed Movant; United States of America; John Reynolds, Doctor, Movants.

United States Court of Appeals, Fourth Circuit.

Decided: February 12, 2009.

Attorney(s) appearing for the Case

ARGUED: David J. Chizewer, Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Ltd, Chicago, Illinois, for Appellant. John William Boland, McGuirewoods, L.L.P., Richmond, Virginia; Michael Randolph Shebelskie, Hunton & Williams, Richmond, Virginia, for Appellees. ON BRIEF: Thomas H. Roberts, Thomas H. Roberts & Associates, P.C., Richmond, Virginia, for Appellant. Martin A. Donlan, Jr., W. Benjamin Pace, Williams Mullen, Richmond, Virginia, for Appellees Gopinath Jadhav, M.D., and Southside Gastroenterology Associates, Limited; Rita Davis, Hunton & Williams, Richmond, Virginia, for Appellees Petersburg Hospital Company, L.L.C., and Cameron Foundation; Jeremy S. Byrum, Nathan A. Kottkamp, McGuirewoods, L.L.P., Richmond, Virginia, for Appellee Columbia/HCA John Randolph, Incorporated.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge KING joined. Judge REIDINGER wrote a dissenting opinion.

OPINION

HAMILTON, Senior Circuit Judge:

Relator Lokesh B. Vuyyuru (Relator Vuyyuru) appeals the district court's dismissal of, for lack of subject matter jurisdiction, his Third Amended Complaint, which complaint alleges various claims under the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, and Virginia state law. He also challenges the district court's award of attorneys' fees and costs to one of the defendants. We affirm.

I.

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