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U.S. EX REL. KIRK v. SCHINDLER ELEVATOR CORP.

Docket No. 09-1678-cv.

601 F.3d 94 (2010)

UNITED STATES of America ex rel. Daniel KIRK, Plaintiff-Appellant, v. SCHINDLER ELEVATOR CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 6, 2010.

Attorney(s) appearing for the Case

Jonathan A. Willens, Jonathan A. Willens LLC, New York, NY, for Plaintiff-Appellant.

Steven Alan Reiss (Gregory Silbert, David Yolkut, on the brief), Weil, Gotshal & Manges LLP, New York, NY, for Defendant-Appellee.

Charles W. Scarborough, Appellate Staff (Michael S. Raab, Appellate Staff, on the brief), for Tony West, Assistant Attorney General, U.S. Department of Justice, Civil Division, Washington, DC; Jeannette Vargas, Assistant United States Attorney, for Preet Bharara, United States Attorney, Southern District of New York, New York, NY, for Amicus Curiae the United States of America.

Katherine Y.K. Cheung (Rae T. Vann, on the brief), Norris, Tysse, Lampley & Lakis, LLP, Washington, DC, for Amicus Curiae the Equal Employment Advisory Council.

Before: McLAUGHLIN, KATZMANN, and LYNCH, Circuit Judges.

KATZMANN, Circuit Judge:

The Vietnam Era Veterans Readjustment Assistance Act ("VEVRAA"), 38 U.S.C. § 4212, requires contractors doing business with federal government entities to submit annual reports to the Secretary of Labor providing information about the number of veterans employed by the contractor (the "VETS-100 reports"). Plaintiff-Appellant Daniel Kirk brought this qui tam action on behalf of the United States government under the False Claims...

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