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U.S. EX REL. BARAJAS v. NORTHROP CORP.

No. 96-55349.

147 F.3d 905 (1998)

UNITED STATES of America, ex rel., Leocadio BARAJAS, Plaintiff-Appellant, v. NORTHROP CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1998.

Attorney(s) appearing for the Case

Donald R. Warren (briefed), Monaghan & Warren, San Diego, CA, and Phillip E. Benson (briefed and argued) and Linda R. MacLean (briefed), Law Offices of Phillip E. Benson, Newport Beach, CA, for Plaintiff-Appellant.

Richard A. Sauber (briefed and argued), Carleton K. Montgomery (briefed), and Douglas W. Baruch (briefed), Fried, Frank, Harris, Shriver & Jacobson, Washington, DC, for Defendant-Appellee.

Frank D. Kortum, Assistant United States Attorney, Nora M. Manella, United States Attorney, Leon W. Wiedman, Chief, Civil Division, Howard F. Daniels, Chief, Civil Fraud Division, for the United States.

Before: BROWNING and KLEINFELD, Circuit Judges, MERHIGE, District Judge.

KLEINFELD, Circuit Judge:

This is a qui tam case raising a question of whether the relator can proceed after the government has settled.

FACTS

The government bought cruise missiles from Boeing. A division of Northrop was at relevant times manufacturing a navigational guidance device for the missiles. The missiles are designed to be carried under the wings of B-52 or B-1 bombers, dropped from the wings as...

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