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U.S. EX REL. WALL v. VISTA HOSPICE CARE, INC.

Civil Action No. 3:07-CV-604-M.

778 F.Supp.2d 709 (2011)

UNITED STATES of America, et al. ex rel. Misty WALL, Relator, Plaintiffs, v. VISTA HOSPICE CARE, INC. d/b/a VistaCare, VistaCare, Inc. and Odyssey Healthcare, Inc., Defendants.

United States District Court, N.D. Texas, Dallas Division.

March 9, 2011.

Attorney(s) appearing for the Case

Charles S. Siegel , C. Andrew Waters , Loren Jacobson, Waters & Kraus LLP, Sean Robert McKenna-DOJ , U.S. Attorney's Office, Dallas, TX, for Plaintiffs.

Gary W. Eiland , Jeremiah J. Anderson , Michael W. Youtt , Penn C. Huston , King & Spalding LLP, Houston, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

BARBARA M.G. LYNN, District Judge.

Before the Court are Defendants' Motion to Dismiss pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure [Docket Entry #39], Defendants' Request for Judicial Notice [Docket Entry #40], and Relator's Request for Judicial Notice [Docket Entry #47]. The Requests for Judicial Notice are both GRANTED. For the reasons stated below, the Motion to Dismiss is...

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