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U.S. v. CARELL

Civil Action No. 3:09-cv-445.

681 F.Supp.2d 874 (2009)

UNITED STATES of America, Plaintiff, v. James W. CARELL, Robert Vining, Diversified Health Management, Inc. (also known as CareAll Management, LLC), the James W. Carell Family Trust, CareAll, Inc., VIP Home Nursing And Rehabilitation Services, LLC (also known as VIP Home Nursing and Rehabilitation Services, Inc.), Professional Home Health Care, LLC (also known as Professional Home Health Care, Inc.), and University Home Health, LLC (also known as University Home Health, Inc.), Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

October 13, 2009.

Attorney(s) appearing for the Case

Ellen Bowden McIntyre, Edward M. Yarbrough, Office of the United States Attorney, Nashville, TN, Susan Lynch, Department of Justice, Washington, DC, for Plaintiff.

William David Bridgers, William Taylor Ramsey, Robert A. Peal, Neal & Harwell, James William Price, Jr., Price, Hill & Kolarich, John C. Hayworth, Charles Malone, Kathryn Hays Sasser, Walker, Tipps & Malone, Nashville, TN, John P. Konvalinka, James Scott McDearman, Tonya Kennedy Cammon, Grant, Konvalinka & Harrison, P.C., Chattanooga, TN, for Defendants.

MEMORANDUM OPINION

THOMAS A. WISEMAN, JR., Senior District Judge.

In its Amended Complaint in this action (Doc. No. 48), plaintiff United States of America (the "Government") asserts various violations of the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-3733, against three of the eight defendants, as well as a right to recover damages under common-law theories of unjust enrichment and payment by mistake of fact against all of the defendants...

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