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UNITED STATES EX REL. WOODARD v. TYNAN

No. 83-1931.

757 F.2d 1085 (1985)

UNITED STATES of America ex rel. Duane WOODARD, Attorney General of the State of Colorado, and the State of Colorado, Plaintiffs-Appellants, v. Robert M. TYNAN; Arvada Nursing Home, Inc., a Colorado corporation; BTZ Incorporated, a Colorado corporation; Columbine Manor Incorporated, a Colorado corporation; Garden Manor Nursing Home, Inc., a Colorado corporation; Geri-Care, Inc., a Colorado corporation; Lake Manor, Inc., a Colorado corporation, and North Shore Manor, Inc., a Colorado corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Granted April 29, 1985.

Attorney(s) appearing for the Case

Gregory C. Smith, Deputy Atty. Gen., Denver, Colo. (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Valerie J. McNevin-Petersen, Asst. Atty. Gen., Denver, Colo., with him on the briefs), for plaintiffs-appellants.

Kenneth C. Groves, Denver, Colo. (Philip A. Rouse, Jr., Denver, Colo., with him on the brief), for defendants-appellees.

J. Lawrence Hamil, Denver, Colo. (Joel D. Russman of Hamil Professional Corp., Denver, Colo., with him on the brief), for defendant-appellee North Shore Manor, Inc.

Before LOGAN and McWILLIAMS, Circuit Judges, and BOHANON, District Judge.

LOGAN, Circuit Judge.

I

This is a civil case filed by the Colorado Attorney General on behalf of the United States and the State of Colorado in federal district court as a qui tam proceeding under a federal statute, the False Claims Act, now codified at 31 U.S.C. §§ 3729-3731. Named as defendants were Robert M. Tynan and seven corporate entities involved in the operation of nursing home facilities in Colorado. The Colorado Attorney General...

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