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FRESENIUS MEDICAL CARE HOLDINGS, INC. v. FRANCOIS

Case No. 4:03cv411-SPM/GRJ.

832 F.Supp.2d 1364 (2011)

FRESENIUS MEDICAL CARE HOLDINGS, INC., et al., Plaintiffs, v. M. Rony FRANCOIS, M.D., M.P.H.S. Ph.D., in his official capacity as Secretary of the Florida Department of Health; et al., Defendants.

United States District Court, N.D. Florida, Tallahassee Division.

May 27, 2011.

Attorney(s) appearing for the Case

Kelly Ann O'Keefe , Berger Singerman , PA, M. Stephen Turner , Martin Andrew Fitzpatrick , Broad & Cassel, Tallahassee, FL, for Plaintiffs.

James Aaron Peters , Jonathan Alan Glogau , Attorney General, Tallahassee, FL, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

STEPHAN P. MICKLE, Chief Judge.

This cause comes before the Court on the parties' cross motions for summary judgment. Docs. 86 and 94. At issue is whether the Florida referral statute, which prohibits Florida doctors from referring patients for lab work to entities in which they hold an ownership interest, is preempted by Federal law, violates...

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