Darrin Scott Walker v. Michael Bowersox

1The Honorable Jimm Larry Hendren, Chief Judge, United States District Court
for the Western District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 07-2578
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Douglas B. Stalley, on behalf of the *
United States of America, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Regency Hospital Company, a * Western District of Arkansas.
Delaware Corporation; Regency *
Hospital Company, LLC, a Delaware * [UNPUBLISHED]
Limited Liability Company; Regency *
Hospitals, LLC, a Delaware Limited *
Liability Company, *
*
Appellees. *
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Submitted: May 16, 2008
Filed: May 23, 2008
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Before WOLLMAN, BRIGHT, and JOHN R. GIBSON, Circuit Judges.
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PER CURIAM.
Douglas Stalley appeals the district court’s 1 dismissal of his action to recover
damages allegedly owed to the United States for violations of the Medicare Secondary

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Payer statute, 42 U.S.C. § 1395y (MSP). This court addressed a similar appeal
brought by Stalley in Stalley v. Catholic Health Initiatives, 509 F.3d 517, 519 (8th Cir.
2007), and concluded that the suit authorized by the MSP was a “private cause of
action, which requires plaintiff to have standing in his own right, rather than a qui tam
statute, which allows plaintiff to assert injury to the United States.” The court’s
dismissal was proper. Accordingly, we affirm. See 8th Cir. R. 47B.
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