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.
Read DeBartolo v. HealthSouth Corp., No. 07-1272
Appellate InformationAppeal from the United States District Court for the Northern District of Illinois, Eastern Division.Argued January 10, 2008. Decided June 26, 2009
JudgesBefore EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.Opinion by ROVNER, Circuit Judge.
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