Testo completo
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Hospital Company, LLC, a Delaware * [UNPUBLISHED]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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