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U.S. EX REL. WILLIAMS v. RENAL CARE GROUP, INC.

No. 11-5779.

696 F.3d 518 (2012)

UNITED STATES of America, ex rel. Julie WILLIAMS, Plaintiffs-Appellees, John Martinez, M.D., Plaintiff, v. RENAL CARE GROUP, INC.; Renal Care Group Supply Company; Fresenius Medical Care Holdings, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 5, 2012.

Attorney(s) appearing for the Case

ARGUED: James F. Bennett , Dowd Bennett, LLP, St. Louis, Missouri, for Appellants. Michael P. Abate , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: James F. Bennett , Megan S. Heinsz , Dowd Bennett, LLP, St. Louis, Missouri, Michael L. Dagley , Matthew M. Curley , Bass Berry & Sims, Nashville, Tennessee, for Appellants. Michael P. Abate , Michael S. Raab , United States Department of Justice, Washington, D.C., for Appellees.

COLE, J., delivered the opinion of the court in which, COOK, J., and ROSEN, C. D.J., joined. ROSEN, C. D.J. (pp. 533-35), delivered a separate concurring opinion.

OPINION

COLE, Circuit Judge.

Renal Care Group, Inc., a dialysis provider, created a wholly-owned subsidiary to take advantage of loopholes in the Medicare regulatory scheme that would permit it to increase profits. The United States, by and through its relators, brought suit against Renal Care Group, its subsidiary, and its successor, alleging that such actions constituted a number of False Claims Act violations...

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