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U.S. EX REL. WALL v. CIRCLE C CONST., LLC

No. 14-6150.

813 F.3d 616 (2016)

UNITED STATES of America ex rel. Brian WALL, Plaintiff-Appellee, v. CIRCLE C CONSTRUCTION, LLC, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 4, 2016.

Attorney(s) appearing for the Case

ARGUED: Timothy W. Burrow , Burrow & Cravens, P.C., Nashville, Tennessee, for Appellant. Ellen Bowden McIntyre , United States Attorney's Office, Nashville, Tennessee, for Appellee. ON BRIEF: Timothy W. Burrow , BURROW & CRAVENS, P.C., Nashville, Tennessee, for Appellant. Ellen Bowden McIntyre , United States Attorney's Office, Nashville, Tennessee, for Appellee.

KETHLEDGE, J., delivered the opinion of the court in which BATCHELDER, joined, and ROGERS, J., joined in the result. ROGERS, J. (pp. 618-19), delivered a separate concurring opinion.

OPINION

Samuel Johnson would have had little patience for this case. Johnson once responded to the metaphysics of George Berkeley—a contemporary English philosopher who argued that matter has no existence—by kicking a large stone and declaring, "I refute...

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