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U.S. EX REL. MATHENY v. MEDCO HEALTH SOLUTIONS

No. 10-15406.

671 F.3d 1217 (2012)

UNITED STATES of America, ex rel., Plaintiff, Lucas MATHENY, Deborah Loveland, Plaintiffs-Appellants, v. MEDCO HEALTH SOLUTIONS, INC., PolyMedica Corporation, Liberty Healthcare Group, Inc., Liberty Medical Supply, Inc., Liberty Commercial Health Services Corp., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 22, 2012.

Attorney(s) appearing for the Case

Mark Aloysius Cullen, Cullen Law Firm, PA, West Palm Beach, FL, for Plaintiffs-Appellants.

Enu Mainigi, Jennifer G. Wicht, Williams & Connolly, LLP, Washington, DC, Henry D. Fellows, Jr., Fellows LaBriola, LLP, Atlanta, GA, Michael Tarre, Miami, FL, for Defendants-Appellees.

Before WILSON and FAY, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge:

Appellants Lucas W. Matheny ("Matheny") and Deborah Loveland ("Loveland") (collectively "Relators") appeal the decision of the United States District Court for the Southern District of Florida dismissing with prejudice Relators' Third Amended Complaint for failure to state a claim upon which relief may be granted. The district court held that Relators failed to allege with particularity, as required by Federal Rule of Civil Procedure 9(b), that the...

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