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U.S. EX REL. CAIRNS v. D.S. MEDICAL LLC

No. 20-2445, No. 20-2448, No. 20-3009, No. 20-3010.

42 F.4th 828 (2022)

UNITED STATES of America, EX REL., Plaintiff-Appellee Paul CAIRNS; Terry Cleaver, M.D.; Kyle Colle, M.D.; Paul Tolentino, M.D.; Kevin Vaught, M.D.; Daniel Henson, Relators; Barbara Gibbs, Personal Representative of the Estate of Scott Randall Gibbs, M.D., Relators-Appellees v. D.S. MEDICAL LLC; Midwest Family Care, LLC, Defendants Midwest Neurosurgeons, LLC, Defendant-Appellant Mount Auburn MEDICAL Group, LLC, doing business as Mount Auburn Aesthetics Group, Defendant Sonjay Fonn, M.D., Defendant-Appellant Deborah Seeger, Defendant United States of America, ex rel., Plaintiff-Appellee Paul Cairns; Terry Cleaver, M.D.; Kyle Colle, M.D.; Paul Tolentino, M.D.; Kevin Vaught, M.D.; Daniel Henson, Relators; Barbara Gibbs, Personal Representative of the Estate of Scott Randall Gibbs, M.D., Relators-Appellees. v. D.S. Medical LLC, Defendant-Appellant Midwest Family Care, LLC; Midwest Neurosurgeons, LLC; Mount Auburn Medical Group, LLC, doing business as Mount Auburn Aesthetics Group; Sonjay Fonn, M.D., Defendants Deborah Seeger, Defendant-Appellant United States of America, ex rel., Plaintiff-Appellee Paul Cairns; Terry Cleaver, M.D.; Kyle Colle, M.D.; Paul Tolentino, M.D.; Kevin Vaught, M.D.; Daniel Henson, Relators; Barbara Gibbs, Personal Representative of the Estate of Scott Randall Gibbs, M.D., Relators-Appellees v. D.S. Medical LLC; Midwest Family Care, LLC, Defendants Midwest Neurosurgeons, LLC, Defendant-Appellant Mount Auburn Medical Group, LLC, doing business as Mount Auburn Aesthetics Group, Defendant Sonjay Fonn, M.D., Defendant-Appellant Deborah Seeger, Defendant United States of America, ex rel., Plaintiff-Appellee Paul Cairns; Terry Cleaver, M.D.; Kyle Colle, M.D.; Paul Tolentino, M.D.; Kevin Vaught, M.D.; Daniel Henson, Relators; Barbara Gibbs, Personal Representative of the Estate of Scott Randall Gibbs, M.D., Relators-Appellees v. D.S. Medical LLC, Defendant-Appellant Midwest Family Care, LLC; Midwest Neurosurgeons, LLC; Mount Auburn Medical Group, LLC, doing business as Mount Auburn Aesthetics Group; Sonjay Fonn, M.D., Defendants Deborah Seeger, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Re-submitted: January 19, 2022.

Filed: July 26, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of all appellants and appeared on the brief of Sonjay Fonn, D.O. and Midwest Neurosurgeons, L.L.C. was James G. Martin , of Saint Louis, MO. The following attorneys also appeared on the appellant briefs; Elizabeth C. Carver and James B. Martin (on brief of Sonjay Fonn, D.O. and Midwest Neurosurgeons, L.L.C. in 20-2445 and 20-3009), of St. Louis, Missouri; Sanford J. Boxerman and Drey A. Cooley (on brief of DS Medical, LLC and Deborah Seeger in 20-2448 and 20-3010), of St. Louis, Missouri.

Counsel who presented argument on behalf of the appellees and appeared on the brief of the United States was Daniel Winik , of Washington, DC. The following attorneys also appeared on the appellee brief of the United States; Michael Raab , of Washington, DC., Charles W. Scarborough , of Washington, DC.

Before LOKEN, ARNOLD, and STRAS, Circuit Judges.

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