No. 10-1819.

675 F.3d 394 (2012)

UNITED STATES of America ex rel. Michael K. DRAKEFORD, M.D., Plaintiff-Appellee, v. TUOMEY HEALTHCARE SYSTEM, INCORPORATED, Defendant-Appellant, v. Womble, Carlyle, Sandridge and Rice Law Firm; Wesmark Ambulatory Surgery Center, LLC; James Arthur Goodson, III, M.D.; Kim Saccone, Movants. American Hospital Association, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 30, 2012.

Attorney(s) appearing for the Case

ARGUED: William Walter Wilkins , Nexsen Pruet, LLC, Greenville, South Carolina; Arthur Camden Lewis , Lewis, Babcock & Griffin, LLP, Columbia, South Carolina, for Appellant. Tracy Lyle Hilmer , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Kirsten E. Small , Nexsen Pruet, LLC, Greenville, South Carolina; Mary G. Lewis , W. Jonathan Harling , Lewis & Babcock, LLP, Columbia, South Carolina; Daniel M. Mulholland, III , Horty, Springer & Mattern, PC, Pittsburgh, Pennsylvania, for Appellant. Tony West , Assistant Attorney General, Michael D. Granston , Michael S. Raab , Niall M. O'Donnell , United States Department of Justice, Washington, D.C.; G. Norman Acker, III , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for the United States. Sandra L.W. Miller , Womble Carlyle Sandridge & Rice, PLLC, Greenville, South Carolina; Kevin Mitchell Barth , Ballenger, Barth & Hoefer, LLP, Florence, South Carolina, for Michael K. Drakeford , M.D. Melinda R. Hatton , Maureen D. Mudron , American Hospital Association, Washington, D.C.; Jonathan L. Diesenhaus , Jessica L. Ellsworth , Hogan Lovells US LLP, Washington, D.C., for Amicus Supporting Appellant.

Vacated and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge DIAZ joined. Judge WYNN wrote a separate opinion concurring in the result.


DUNCAN, Circuit Judge:

This appeal arises from the district court's order granting final judgment to the United States upon equitable1 claims of payment by mistake of fact and unjust enrichment against appellant Tuomey Healthcare System, Inc. ("Tuomey") arising out of alleged violations of the Social Security Act, and awarding damages in the amount of $44,888,651.00, plus pre- and post-judgment interest.

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