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U.S. EX REL. KETROSER v. MAYO FOUNDATION

No. 12-3206.

729 F.3d 825 (2013)

UNITED STATES of America, ex rel., Plaintiff David KETROSER; Gary Latz; Robert Smith; Jason Kennedy, Plaintiffs-Appellants v. MAYO FOUNDATION, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 4, 2013.

Attorney(s) appearing for the Case

Gerald Charles Pierre Robinson , argued, Minneapolis, MN ( Phillip Eugene Benson , on the brief, Anchorage, AK), for Appellant.

John William Lundquist , argued, Minneapolis, MN ( Dulce Jo Foster , Kevin C. Riach , on the brief, Minneapolis, MN), for Appellee.

Before LOKEN, BEAM, and BYE, Circuit Judges.

LOKEN, Circuit Judge.

Attorney David Ketroser and three others ("Relators") brought this qui tam action under the False Claims Act (FCA) against the Mayo Foundation and several related entities ("Mayo"), alleging that Mayo billed Medicare for surgical pathology services it did not provide. See 31 U.S.C. § 3729(a)(1)(A) and (B). The government intervened and filed a Complaint in Partial Intervention, alleging that Mayo billed Medicare for "permanent...

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