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U.S. EX REL. McGOUGH v. COVINGTON TECHNOLOGIES

No. 91-55306.

967 F.2d 1391 (1992)

UNITED STATES of America, ex rel., Thomas McGOUGH, and William Toth, in their own behalf, Plaintiff-Appellant, v. COVINGTON TECHNOLOGIES COMPANY, d/b/a Covington Constructors; S.L.S. Construction Company, d/b/a Pacific Construction Company, and Industrial Indemnity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1992.

Attorney(s) appearing for the Case

Russell B. Kinner, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Michael T. Lowe, Costa Mesa, Cal., for defendants-appellees.

Before: PREGERSON, D.W. NELSON and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

OVERVIEW

This action was brought by individuals acting as qui tam plaintiffs on behalf of the United States under the False Claims Act, 31 U.S.C. §§ 3729-3733. The government initially declined to take over the action, as authorized by 31 U.S.C. § 3730(b)(2)-(4).

During the trial and despite the government's objection, the district court approved a stipulation between the qui tam plaintiffs...

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