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U.S. EX REL. STEURY v. CARDINAL HEALTH, INC.

No. 09-20718.

625 F.3d 262 (2010)

UNITED STATES of America ex rel. Leslie STEURY, Plaintiff-Appellant, v. CARDINAL HEALTH, INC., formerly known as Alaris Medical Systems, Inc.; Cardinal Health 303, Inc., formerly known as Alaris Medical Systems, Inc.; Cardinal Health Solutions, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 1, 2010.

Attorney(s) appearing for the Case

William David George, Connelly Baker Wotring, L.L.P., Houston, TX, for Plaintiff-Appellant.

James P. Holloway, Ober, Kaler, Grimes & Shriver, Washington, DC, Charles Thomas Kruse, Matthew William Caligur, Baker & Hostetler L.L.P., Houston, TX, for Defendants-Appellees.

Before DeMOSS, BENAVIDES and ELROD, Circuit Judges.

BENAVIDES, Circuit Judge:

Relator Leslie Steury, on behalf of the United States, claims that defendants Cardinal Health, Inc., Cardinal Health 303 Inc., and Cardinal Health Solutions, Inc., successors to Alaris Medical Systems, Inc., sold the United States Department of Veterans Affairs defective medical equipment in violation of the False Claims Act (FCA), 31 U.S.C. § 3729(a) (2009). A magistrate judge recommended dismissing Steury's complaint for failure to...

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