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U.S. v. TEXAS TECH UNIVERSITY

No. 97-11182.

171 F.3d 279 (1999)

UNITED STATES of America, ex rel., Plaintiff-Intervenor, Carol Rae Cooper Foulds, Plaintiff-Appellee, v. TEXAS TECH UNIVERSITY, et al., Defendants, TEXAS TECH UNIVERSITY; Texas Tech University Health Science Center, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 29, 1999.

Attorney(s) appearing for the Case

Peter Wilson Chatfield, Mary Louise Cohen, Phillips & Cohen, Washington, DC, Mark Alan Wilson, Smith, Storrs, Wilson & McConnell, Amarillo, TX, Randall Bruce Pyles, Burgess & Pyles, Plainview, TX, for Plaintiff-Appellee.

Michael Eugene Robinson, Douglas N. Letter, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Plaintiff-Intervenor.

Toni B. Hunter, Austin, TX, for Defendants-Appellants.

Mark A. Bohnhorst, University of Minnesota, Minneapolis, MN, for Regents of the University of Minnesota, Purdue University, Board of Trustees of the University of Illinois, Regents of the University of Michigan, Regents of the University of California, Board of Trustees of the California State University, Amici Curiae.

Frederick L. Robinson, Washington, DC, for Association of American Medical Colleges, Amicus Curiae.

Priscilla R. Budeiri, Taxpayers Against Fraud, The False Claims Act Legal Center, Washington, DC, for Taxpayers Against Fraud, The False Claims Act Legal Center, Amicus Curiae.

Before JOLLY, BARKSDALE and BENAVIDES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal speaks of a qui tam action brought by Carol Rae Cooper Foulds, on behalf of the United States, against Texas Tech University and Texas Tech University Health Sciences Center for violations of the False Claims Act, 31 U.S.C. § 3729 et seq. (West Supp.1998). We must initially decide a jurisdictional issue—whether under the Eleventh Amendment private citizens acting as qui tam plaintiffs can institute such suits...

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