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U.S. v. UNIV. OF TEX. M.D. ANDERSON CANCER CENTER

No. 91-2194.

961 F.2d 46 (1992)

UNITED STATES of America, ex rel., Kathryn M. MILAM, Plaintiff-Appellee, v. The UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER, Defendant-Appellant, and Charles B. Wilson; Laurence J. Marton; Dennis F. Deen; Burt G. Feurstein, Philip J. Tofilon; the Regents of the University of California; Brain Tumor Research Center; University of California, Defendants. United States of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1992.

Attorney(s) appearing for the Case

David W. Williams, Asst. Atty. Gen., Austin, Tex., argued (Dan Morales, Atty. Gen. of Tex., Will Pryor, First Asst. Atty. Gen., Mary F. Keller, Deputy Atty. Gen., James C. Todd, Chief, Gen. Litigation Div., Austin, Tex., on brief), for defendant-appellant.

Robert Lowell Deitz, Perkins, Coie, Washington, D.C., argued (Mary Rose Hughes, Martin P. Willard, Jay I. Morstein, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., on brief), for plaintiff-appellee.

Stuart M. Gerson, Asst. Atty. Gen., Douglas Letter, Civ. Div., U.S. Dept. of Justice, Washington, D.C.; Richard D. Bennett, U.S. Atty., Baltimore, Md., for amicus curiae.

Before HALL, Circuit Judge, KISER, U.S. District Judge for the Western District of Virginia, sitting by designation, and BLATT, Senior U.S. District Judge for the District of South Carolina, sitting by designation.

OPINION

HALL, Circuit Judge:

The M.D. Anderson Cancer Center of the University of Texas appeals the district court's denial of its motion to dismiss, based on Eleventh Amendment immunity, a qui tam False Claims Act suit. We must decide whether the inapplicability of the Eleventh Amendment to suits brought by the United States extends to actions brought on the United States' behalf by qui tam relators. Concluding that it does, we affirm.

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