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U.S. EX REL. WEINBERGER v. STATE OF FLA.

No. 78-2626.

615 F.2d 1370 (1980)

UNITED STATES of America ex rel. David P. WEINBERGER, and David P. Weinberger, Esq., Individually, Plaintiffs-Appellants, v. STATE OF FLORIDA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 28, 1980.

Attorney(s) appearing for the Case

David P. Weinberger, pro se.

Alan C. Brown, Leonard Schaitman, Alexander Younger, Commercial Litigation Branch, Civil Div., Dept. of Justice, Washington, D. C., for amicus curiae.

Jim Smith, Randy J. Schwartz, Attys. Gen. of Florida, Tallahassee, Fla., Thomas A. Beenck, Joseph A. Linnehan, Asst. Attys. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendant-appellee.

Before MORGAN, ANDERSON and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

This is an appeal from a district court order dismissing a qui tam action brought under the False Claims Act, 31 U.S.C. § 231-35. The False Claims Act "prohibits false or fraudulent claims to government payment," United States ex rel. Weinberger v. Equifax, 557 F.2d 456, 460 (5th Cir.1977), cert. denied, 434 U.S. 1035, 98 S.Ct. 768, 54 L.Ed.2d 782 (1978); grants an informer standing...

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