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United States Seventh Circuit


DeBartolo v. HealthSouth Corp., 07-1272

In a federal action claiming breach of the Anti-Kickback Act, district court order dismissing the case for failure to state a claim is vacated where the litigation is simply a state-law contract dispute between nondiverse parties and on remand should be dismissed for lack of subject matter jurisdiction.

Appellate Information

  • Argued 01/10/2008
  • Decided 06/26/2009
  • Published 06/26/2009

Judges

  • ROVNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Michael B. Brohman (argued), Kamensky Rubinstein, Lincolnwood, IL, for Plaintiffs-Appellants.

  • For Appellees:
  • Chris C. Gair (argued), Jenner & Block, Chicago, IL, for Defendants-Appellees.
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