U.S. EX REL. MEYER v. HORIZON HEALTH CORP.

No. 06-17084.

565 F.3d 1195 (2009)

UNITED STATES of America, ex rel., Michael M. MEYER; Patricia J. Szerlip, Plaintiffs-Appellants, v. HORIZON HEALTH CORPORATION; Summit Medical Center; Sukhdeep Grewal, M.D., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 14, 2009.


Attorney(s) appearing for the Case

Sarah S. Wright, San Rafael, CA, and John A. McGuinn, San Francisco, CA, for the plaintiffs-appellants.

Thomas M. Brown, Kenneth P. White, George P. Schiavelli, Teresa Cespedes Ellis, and Amber Finch, Los Angeles, CA, for defendant-appellee Horizon Health Corporation.

Gregory M. Luce, Washington, D.C., and Shawn Hanson and Tracy M. Strong, San Francisco, CA, for defendant-appellee Summit Medical Center.

Robert R. Moore and Michael J. Betz, San Francisco, CA, for defendant-appellee Sukhdeep Grewal, M.D.

Opinion by Judge MYRON H. BRIGHT; Dissent by Judge REINHARDT


BRIGHT, Circuit Judge:

In this appeal, qui tam relators Michael M. Meyer and Patricia J. Szerlip contend that the district court erred by granting a motion to dismiss for lack of subject-matter jurisdiction brought by Horizon Health Corporation, Summit Medical Center, and Dr. Sukhdeep Grewal (collectively "appellees"). The principal issues on appeal relate to whether relators' fraud allegations are based on a public disclosure, and, if so, whether the relators were...

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