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U.S. EX REL. BATTIATA v. PUCHALSKI

C.A. No. 3:11-cv-3360-CMC.

906 F.Supp.2d 451 (2012)

UNITED STATES of America, ex rel. Andrew BATTIATA, M.D. and Jenny Raybon, Plaintiffs, v. Robert PUCHALSKI, M.D. and South Carolina ENT, Allergy, and Sleep Medicine, P.A., Defendants. Robert Puchalski, M.D. and South Carolina ENT, Allergy, and Sleep Medicine, P.A., Third-Party Plaintiffs, v. Chad B. Gunnlaugsson, M.D. and Orville H. Dyce, M.D., Third-Party Defendants.

United States District Court, D. South Carolina, Columbia Division.

October 30, 2012.

Attorney(s) appearing for the Case

Gregory Poole Harris, Harris and Gasser Law Firm, James Mixon Griffin, Margaret Nicole Fox, Lewis Babcock and Griffin, Columbia, SC, for Plaintiffs.

Deborah B. Barbier, Barbier Law Office, Columbia, SC.

Catherine Farrell Wrenn, Sandra LW Miller, Womble Carlyle Sandridge and Rice, Greenville, SC, Jana B. Baker, Womble Carlyle Sandridge and Rice, Charleston, SC, Charles F. Thompson, Jr., Malone Thompson and Summers, Eric S. Bland, Eric S. Bland and Associates, Columbia, SC, for Third-Party Defendants.

OPINION AND ORDER ON MOTION TO DISMISS COUNTERCLAIMS

CAMERON McGOWAN CURRIE, District Judge.

Through this qui tam action, Plaintiffs Andrew Battiata, M.D. ("Battiata") and Jenny Raybon ("Raybon") (collectively "Plaintiffs") seek recovery on behalf of the United States for alleged violations of the False Claims Act, 31 U.S.C. § 3729 et seq. ("FCA"). The matter is before the court on Plaintiffs' motion to dismiss the seven counterclaims asserted...

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