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PETTIS EX REL. UNITED STATES v. MORRISON-KNUDSEN CO.

No. 77-2825.

577 F.2d 668 (1978)

Charles PETTIS ex rel. UNITED STATES, Plaintiff-Appellant, v. MORRISON-KNUDSEN CO., INC. and Brown & Root, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 5, 1978.

Attorney(s) appearing for the Case

Bruce J. Terris (argued), Washington, D. C., for plaintiff-appellant.

Thomas Richard Spradlin (argued), Clifford, Warnke, Glass, McIlwain & Finney, Washington, D. C., John W. Slayton, Jr. (argued), Austin, Tex., for defendants-appellees.

Before SNEED and TANG, Circuit Judges, and INGRAM, District Judge.

SNEED, Circuit Judge:

This case comes to us on Pettis' appeal from the district court's dismissal of his False Claims Act suit against Morrison-Knudsen and Brown & Root on the grounds that 31 U.S.C. § 232(C) deprived the court of jurisdiction because the information on which the suit was based was already in the possession of the United States at the time the suit was brought.1 Pettis contends that this provision is inapplicable...

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