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United States Eighth Circuit


Fresenius Med. Care v. US, 07-2299

In an ongoing investigation of hemodialysis provider's allegedly improper health care billing practices, denial of its motion to quash or modify subpoenas is affirmed where: 1) a "cold comfort" letter did not immunize it from further investigations; and 2) based on the record, it was not possible to determine which subpoenaed documents were already in the government's possession.

Appellate Information

  • Decided 05/16/2008
  • Published 05/16/2008

Judges

  • BENTON, Circuit Judge., Before BYE, RILEY, and BENTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • James F. Bennett, argued, St. Louis, MO, (Edward L. Dowd, Jr., Megan S. Heinez, on the brief), for appellant.

  • For Appellees:
  • Andrew J. Lay, argued, St. Louis, MO, (Dorothy L. McMurtry, on the brief), for appellee.
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