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MORTGAGES, INC. v. U.S. D. CT. FOR D. OF NEV.

No. 90-70418.

934 F.2d 209 (1991)

MORTGAGES, INC.; John P. Mullen, Petitioners, v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA (LAS VEGAS), Respondent, and Lawyers Title Insurance Corporation; Richard G. Messersmith; Deaun Messersmith; Douglas D. Vollmer; Deanna J. Vollmer; Gordon E. Beckstead; Camille Beckstead-Stockdale, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1991.

Attorney(s) appearing for the Case

John Peter Lee, Theresa M. Dowling, John Peter Lee, Ltd., Las Vegas, Nev., for petitioners.

John C. Hohnhorst, Hepworth, Nungester & Felton, Twin Falls, Idaho, Gary Goodheart, Jones, Jones, Close and Brown, Monte N. Stewart, Wright and Stewart, Las Vegas, Nev., for real party in interest Lawyers Title Ins. Corp.

Michael C. Theis, U.S. Dept. of Justice, Washington, D.C., for the U.S.

James C. Tucker, Gary D. Slette, Nelson, Rosholt, Robertson, Tolman and Tucker, Twin Falls, Idaho, and John R. Lusk, Gifford and Vernon, Las Vegas, Nev., for real parties in interest Richard G. Messersmith, Deaun Messersmith, Douglas D. Vollmer, and Deanna J. Vollmer.

Lloyd J. Webb, Webb, Burton, Carlson, Pedersen and Webb, Twin Falls, Idaho, and Keith Gregory, Las Vegas, Nev., for real parties in interest Gordon E. Beckstead and Camille Beckstead-Stockdale.

Before ALARCON, POOLE and NORRIS, Circuit Judges.

PER CURIAM:

Mortgages, Inc. ("Mortgages") and its president, John P. Mullen, petition this court for a writ of mandamus directing the district court to dismiss third-party complaints filed against them by defendants in an action brought under the False Claims Act, 31 U.S.C. §§ 3729-3733 ("FCA").

The FCA provides civil penalties against a person who submits a false claim for payment to the United States. 31 U.S.C. § 3729. To encourage reporting...

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