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U.S. EX REL. SILLER v. BECTON DICKINSON & CO.

Nos. 93-1275, 93-1459.

21 F.3d 1339 (1994)

UNITED STATES of America, ex rel. David R. SILLER, Plaintiff-Appellant, and United States of America, Plaintiff, v. BECTON DICKINSON & COMPANY, By and Through its MICROBIOLOGY SYSTEMS DIVISION, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, and United States of America, ex rel. David R. Siller, Plaintiff, v. BECTON DICKINSON & COMPANY, By and Through its MICROBIOLOGY SYSTEMS DIVISION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 18, 1994.

Attorney(s) appearing for the Case

ARGUED: Michael C. Theis, Civil Division, United States Department of Justice, Washington, DC, for Appellant United States; Robert L. Vogel, Washington, DC, for Appellant Siller. G. Stewart Webb, Jr., Venable, Baetjer & Howard, Baltimore, MD, for Appellee. ON BRIEF: Stuart E. Schiffer, Acting Assistant Attorney General, Richard D. Bennett, United States Attorney, Douglas N. Letter, Appellate Staff, Michael F. Hertz, Polly A. Dammann, Civil Division, United States Department of Justice, Washington, DC, for Appellant United States; James Henley Morgan, Fort Worth, TX, for Appellant Siller. James A. Dunbar, Venable, Baetjer & Howard, Baltimore, MD, J. Mitchell Brown, George W. Stiffler, Gwyn Ann Taylor, Bastianelli, Brown & Touhey, Chartered, Washington, DC, for Appellee.

Reversed in part, vacated in part, and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Senior Judge CHAPMAN and Judge WILSON joined.

OPINION

LUTTIG, Circuit Judge:

We interpret in this appeal several provisions of the qui tam section of the False Claims Act, 31 U.S.C. § 3729 et seq.

Appellant David Siller, the brother and employee of a former distributor of Becton Dickinson & Company products, brought a civil qui tam action under 31 U.S.C. § 3730 against Becton Dickinson & Company, alleging that the company had a practice of overcharging...

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