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U.S. EX REL. TAXPAYERS AGAINST FRAUD v. SINGER CO.

Nos. 89-2396, 89-2417 and 89-2418.

889 F.2d 1327 (1989)

UNITED STATES of America, ex rel; TAXPAYERS AGAINST FRAUD; Christopher Urda, Plaintiffs-Appellees, v. The SINGER COMPANY, Defendant-Appellant, Link Flight Simulation Corporation; CAE-Link Corporation, Defendants-Appellees. UNITED STATES of America, ex rel; TAXPAYERS AGAINST FRAUD; Christopher Urda, Plaintiffs-Appellees, v. The SINGER COMPANY, Defendant-Appellant, Link Flight Simulation Corporation; CAE-Link Corporation, Mesa Holdings Limited Partnership, Defendants-Appellees. UNITED STATES of America, ex rel; TAXPAYERS AGAINST FRAUD; Christopher Urda, Plaintiffs-Appellees, v. MESA HOLDINGS LIMITED PARTNERSHIP, Defendant-Appellant, Link Flight Simulation Corporation; CAE-Link Corporation, the Singer Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 22, 1989.

Attorney(s) appearing for the Case

Morton M. Maneker (Charles S. Sims, Thomas C. Moore, Proskauer Rose Goetz & Mendelsohn, New York City, on brief), Keith P. Ellison (Baker & Botts, Houston, Tex., William Alden McDaniel, Jr., Murphy & McDaniel, Baltimore, Md., on brief), for defendant-appellant.

Steven D. Aitken (Stuart E. Schiffer, Acting Asst. Atty. Gen., Breckinridge L. Willcox, U.S. Atty., Joyce R. Branda, Michael B. Suessmann, Attys., Civ. Div., Dept. of Justice, Robert E. Montgomery, Jr., Leslie G. Fagen, Derick P. Berlage, Erika A. Kelton, John R. Phillips, Paul, Weiss, Rifkind, Wharton & Garrison, Washington, D.C., John E. Hoffman, Jr., Carole L. Fern, Lorraine K. Rak, John P. Biederman, Shearman & Sterling, New York City, Stephen J. Immelt, Piper and Marbury, Baltimore, Md., on brief) for plaintiffs-appellees.

Before MURNAGHAN, SPROUSE and CHAPMAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

The Singer Company has been the subject of a recent highly leveraged buy out. There has also been initiated a qui tam complaint against Singer. The United States, claiming $77,000,000 under the False Claims Act, 31 U.S.C. § 3729, which may be trebled (i.e., $231,000,000) and also may be increased upon further investigation of the facts by the government, sought and obtained a preliminary injunction from the United States...

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