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FRESENIUS MEDICAL CARE HOLDINGS, INC. v. TUCKER

No. 11-14192.

704 F.3d 935 (2013)

FRESENIUS MEDICAL CARE HOLDINGS, INC., a Foreign Corporation d.b.a. Fresenius Medical Care North America, Davita, Inc., a Foreign Corporation, Plaintiffs-Appellants, DVA Renal Healthcare, Inc., a Foreign Corporation, Plaintiff, v. Elisabeth TUCKER, M.D., in her official capacity as Chair of the Florida Board of Medicine, M. Rony Francois, MD MPHS PhD, Mammen Zachariah, MD, Mark S. Avila, MD, H. Frank Farmer, Jr., MD, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 10, 2013.

Attorney(s) appearing for the Case

Suzanne Labrit , Janelle Alicia Weber , Shutts & Bowen, LLP, Tampa, FL, Kelly Ann O'Keefe , Berger Singerman, Tallahassee, FL, for Plaintiffs-Appellants.

Pam Bondi , Timothy David Osterhaus , Jonathan Alan Glogau , James A. Peters , Louis F. Hubener, III , Atty. Gen.'s Office, Tallahassee, FL, for Defendants-Appellees.

Before DUBINA, Chief Judge, and CARNES and GILMAN, Circuit Judges.

DUBINA, Chief Judge:

This case involves a constitutional challenge to Florida's "Patient Self-Referral Act of 1992" (the "Florida Act"), FLA. STAT. § 456.053, which prohibits Florida physicians from referring their patients for services to business entities in which the referring physicians have a financial interest. Appellants Fresenius Medical Care Holdings, Inc., DVA Renal Healthcare, Inc., and Davita, Inc. (collectively "Appellants") sued the Secretary of...

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