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U.S. EX REL. BAIN v. GEORGIA GULF CORP.

No. 03-30023.

386 F.3d 648 (2004)

UNITED STATES of America, ex rel. Ronald K. BAIN, Plaintiffs-Appellees, v. GEORGIA GULF CORP., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 27, 2004.

Attorney(s) appearing for the Case

David Lawrence Bateman (argued), Law Office of David L. Bateman, Baton Rouge, LA, for Plaintiff-Appellee.

Luis A. Leitzelar (argued), Murphy J. Foster, III, Breazeale, Sachse & Wilson, Baton Rouge, LA, for Defendant-Appellant.

Edward Himmelfarb, Douglas N. Letter, Michael D. Granston (argued), U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for U.S., Amicus Curiae.

Before GARWOOD, HIGGINBOTHAM and SMITH, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant Georgia Gulf Corporation (Georgia Gulf) brings this appeal under 28 U.S.C. § 1292(b) challenging the district court's denial of its 12(b)(6) motion to dismiss and alternative Rule 56 motion for summary judgment, as well as the district court's ruling that plaintiff-relator-appellee Ronald K. Bain (Bain) stated a claim under the False Claims Act (FCA), 31 U.S.C. § 3729(a)(7), and that he pleaded his claim under...

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