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EBEID EX REL. U.S. v. LUNGWITZ

No. 09-16122.

616 F.3d 993 (2010)

Sadek R. EBEID, M.D., ex rel. UNITED STATES of America, Plaintiff-Appellant, v. Theresa A. LUNGWITZ; Edward C. Irby (Mrs.), aka Margaret Irby, individually and DBA Health Resource Center; Home Health Resources, Inc., an Arizona corporation; The Crossing Hospice Care, Inc., an Arizona corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2010.

Attorney(s) appearing for the Case

Michael J. Khouri , Law Offices of Michael J. Khouri, Irvine, CA, for the plaintiff-appellant.

Paul G. Ulrich and Noel C. Capps , Renaud Cook Drury Mesaros, PA, Phoenix, AZ, for the defendants-appellees.

Astrid G. Meghrigian , California Medical Association, Sacramento, CA, for the amicus curiae.

Before: J. CLIFFORD WALLACE, SUSAN P. GRABER, and M. MARGARET McKEOWN, Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

In this appeal under the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-3731, Sadek Ebeid claims that Theresa Lungwitz submitted false certifications to the federal government in connection with Medicare payments for three health care businesses: Health Resource Center, LLC (the "Clinic"), Home Health Resources, Inc. (the "Home Healthcare Agency") and The Crossing Hospice Care, Inc. (the "Hospice"). (We refer to the...

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