U.S. v. NEC CORP.

No. 92-2854.

11 F.3d 136 (1993)

UNITED STATES of America, Plaintiff-Appellee, United States of America, ex rel. Joanne Neher, Plaintiff-Appellant, v. NEC CORPORATION f/k/a Nippon Electric Co.; NEC Overseas Marketing LTD. f/k/a NEC Overseas Market Development Co. Ltd., Defendants.

United States Court of Appeals, Eleventh Circuit.

As Amended January 12, 1994.


Attorney(s) appearing for the Case

Coralyn G. Goode, Gerald H. Werfel, John J. O'Brien, Arent Fox Kinter Plotkin & Kahn, Washington, DC, for Williams.

Michael F. Hertz, Joan E. Hartman, U.S. Dept. of Justice, Washington, DC, for USA.

Kendell W. Wherry, Asst. U.S. Atty., Orlando, FL, Tamra Phipps, Asst. U.S. Atty., Tampa, FL, for plaintiff-appellee.

Douglas N. Letter, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellant.

Before BIRCH, Circuit Judge, CLARK, Senior Circuit Judge, and HOEVELER, Senior District Judge.


BIRCH, Circuit Judge:

The United States of America, as appellee in the present case, moves to dismiss the appellant's qui tam action brought under the False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq. Because we find that a qui tam action survives the death of the plaintiff-relator, we DENY the appellee's motion to dismiss and GRANT the appellant's motion for substitution of a personal representative. This is an issue of first impression...

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