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U.S. EX REL. HAGOOD v. SONOMA COUNTY WATER AGENCY

Nos. 89-16290, 89-16360.

929 F.2d 1416 (1991)

UNITED STATES of America, ex rel. James M. HAGOOD, Plaintiff-Appellant, v. SONOMA COUNTY WATER AGENCY, Defendant-Appellee. James M. HAGOOD, Plaintiff-Appellant, v. SONOMA COUNTY WATER AGENCY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 2, 1991.

Attorney(s) appearing for the Case

Peter M. Smith, Peter Smith & Susan Young Law Offices, P.C., Englewood, Colo., for appellant.

Vernon I. Zvoleff and Peter J. Nova, Bronson, Bronson & McKinnon, San Francisco, Cal., for appellee Sonoma County Water Agency.

Lauren Saunders, Hall & Phillips, Los Angeles, Cal., for amicus curiae Center for Law in the Public Interest; Taxpayers Against Fraud.

Allan J. Joseph, Linda R. Koenig, Connie M. Taevan, Rogers, Joseph, O'Donnell & Quinn, San Francisco, Cal., for amicus curiae Chamber of Commerce of the U.S.A.

Michael Hertz, U.S. Dept. of Justice, Washington, D.C., for amicus curiae U.S.

Before SCHROEDER, CANBY and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

James M. Hagood brought suit under the qui tam provision of the False Claims Act, 31 U.S.C. §§ 3729-3733, alleging its violation by the Sonoma County Water Agency (the Water Agency). The district court dismissed his third amended complaint for failure to state a cause of action. On appeal, the United States filed a brief as amicus curiae, arguing that the district court was incorrect in its reasoning but right in its result, because...

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