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MEDICAL DEVEL. INTERN. v. CA. CORRECTIONS & REHAB.

Nos. 08-15759, 08-16858.

585 F.3d 1211 (2009)

MEDICAL DEVELOPMENT INTERNATIONAL, a Delaware corporation, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; Robert Sillen, individually and as Receiver; J. Clark Kelso, Receiver, Defendants-Appellees. Marciano Plata, Plaintiff, and Medical Development International, a Delaware corporation, Petitioner-Appellant, v. Arnold Schwarzenegger, Governor, Defendant, and California Department of Corrections and Rehabilitation; J. Clark Kelso, Receiver, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 30, 2009.

Attorney(s) appearing for the Case

Bennett J. Lee (argued) and Garrett E. Dillon, Watt, Tieder, Hoffar & Fitzgerald, LLP, San Francisco, CA, for the appellant.

Michelle M. Mitchell (argued), Deputy Attorney General, Sacramento, CA, for appellee California Department of Corrections and Rehabilitation; Martin H. Dodd (argued), Futterman & Dupree LLP, San Francisco, CA, for the appellee J. Clark Kelso, as Receiver; John W. Fowler, Bergeson, LLP, San Jose, CA, for appellee Robert Sillen.

Before: BARRY G. SILVERMAN, RICHARD R. CLIFTON, and MILAN D. SMITH, JR., Circuit Judges.

CLIFTON, Circuit Judge:

A receiver appointed by a federal district court currently oversees the delivery of medical care to prisoners incarcerated by the California Department of Corrections and Rehabilitation (CDCR). Medical Development International (MDI) provided medical services for two of CDCR's prisons, without a finalized contract. The Receiver1 terminated MDI's services. MDI was not paid for much of its work and filed suit against...

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