U.S. EX REL. KELLY v. BOEING CO.

No. 92-36660.

9 F.3d 743 (1993)

UNITED STATES of America, ex rel. Kevin G. KELLY, Plaintiff-Appellant, v. The BOEING COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 7, 1993.

Amended November 5, 1993.


Attorney(s) appearing for the Case

M. Margaret McKeown, Perkins Coie, Seattle, WA, for defendant-appellant.

Linda R. MacLean, Law Offices of Herbert Hafif, Claremont, CA, for plaintiff-appellee.

Michael Davidson, Senate Legal Counsel and Claire M. Sylvia, Asst. Senate Legal Counsel, Washington, DC, for amicus.

Before: HALL, WIGGINS and LEAVY, Circuit Judges.


CYNTHIA HOLCOMB HALL, Circuit Judge:

This appeal presents several constitutional challenges to the qui tam provisions of the False Claims Act, 31 U.S.C. §§ 3729 et seq. The question of the constitutionality of the qui tam provisions is one of first impression in this circuit. We hold that these provisions do not exceed the limitations of Article III of the Constitution, nor do they violate the constitutional principle...

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