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AUGUSTINE v. ARIZANT INC.

No. A06-12381.

751 N.W.2d 95 (2008)

Scott D. AUGUSTINE, M.D., Appellant, v. ARIZANT INC., et al., Respondents.

Supreme Court of Minnesota.

June 26, 2008.

Attorney(s) appearing for the Case

David Richard Marshall, Fredrikson & Byron, P.A., Minneapolis, for appellant.

David B. Potter, Oppenheimer Wolff & Donnelly, Minneapolis, for respondent.

Michael E. Robinson, Dept. of Justice, Washington, DC, for U.S.

John Steven Garry, St. Paul, for State.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, G. BARRY, Justice.

Appellant Scott D. Augustine, M.D., founder and former officer of respondent Augustine Medical, Inc., pleaded guilty to a misdemeanor violation of 42 U.S.C. § 1320a-7b(a)(2) (2000) and 18 U.S.C. § 2 (2000). Appellant sought indemnification for his fine and attorney fees from respondent Arizant, Inc., Augustine Medical's parent company. Arizant refused appellant's indemnification request, and appellant commenced...

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