U.S. v. NORTHROP CORP.

No. 92-56392.

59 F.3d 953 (1995)

UNITED STATES of America, ex rel., Plaintiff, and Michael E. Green, Plaintiff-Appellant, v. NORTHROP CORPORATION; Norm Bussard, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 12, 1995.


Attorney(s) appearing for the Case

Michael G. Dawson, Law Offices of Herbert Hafif, Claremont, CA, for plaintiff-appellant.

D. Barclay Edmundson, Munger, Tolles & Olson, Los Angeles, CA, for defendants-appellees.

John R. Phillips, Hall & Phillips, Los Angeles, CA, for amicus curiae Taxpayers Against Fraud.

Before: D.W. NELSON, REINHARDT, and BRUNETTI, Circuit Judges.


D.W. NELSON, Circuit Judge:

In this case, we address an important and difficult question involving the qui tam provisions of the False Claims Act, 31 U.S.C. §§ 3729 et seq. We must determine whether the release of a qui tam claim, when entered into without the United States' knowledge or consent, and prior to the filing of an action based on that claim, is enforceable. We hold that it is not.

BACKGROUND

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