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U.S. v. MURPHY

No. 90-5648.

937 F.2d 1032 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Paul B. MURPHY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 19, 1991.

Attorney(s) appearing for the Case

William Sonnenberg, Gary Humble, Asst. U.S. Attys., Chattanooga, Tenn., John W. Gill, Jr., U.S. Atty., Knoxville, Tenn., Carolyn Mark, Staff Atty. Argued, U.S. Dept. of Justice, Civ. Div., Washington, D.C., for U.S.

John R. Bode, Edward N. Boehm, Miller & Martin, Chattanooga, Tenn., Timothy M. Broas Argued, Richard A. Hibey, Steven M. Alderton, Anderson, Hibey, Nauheim & Blair, Washington, D.C., for defendant-appellant.

Before MARTIN and MILBURN, Circuit Judges, and ENGEL, Senior Circuit Judge.

MILBURN, Circuit Judge.

Defendant-appellant Paul B. Murphy appeals the summary judgment granted in favor of plaintiff-appellee the United States of America in this civil action filed under the False Claims Act, 31 U.S.C. §§ 3729-3733, to recover for the rigging of bids submitted by electrical contractors on the Moccasin Bend Wastewater Treatment project in Chattanooga, Tennessee. For the reasons that follow, we reverse.

I.

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