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U.S. EX REL. FINE v. SANDIA CORP.

No. 94-2121.

70 F.3d 568 (1995)

UNITED STATES of America ex rel. Harold R. FINE, Plaintiff-Appellant, v. SANDIA CORPORATION, a foreign corporation, Defendant-Appellee, United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

November 21, 1995.

Attorney(s) appearing for the Case

Maureen A. Sanders, Albuquerque, New Mexico (Duff H. Westbrook of Duff H. Westbrook, P.C., Albuquerque, New Mexico, with her on the briefs), for Plaintiff-Appellant.

John A. Bannerman of Beall, Biehler & Bannerman, Albuquerque, New Mexico, and William D. Hunter of Pettit & Martin, San Francisco, California (T. Scott Hyde of Beall, Biehler & Bannerman, Albuquerque, New Mexico; Lawrence S. Greher of Sandia Corporation, Albuquerque, New Mexico, with him on the brief), for Defendant-Appellee.

Dara A. Corrigan (Michael F. Hertz and Joan E. Hartman, on the brief), Attorneys, Civil Division, U.S. Department of Justice, Washington, D.C., for Amicus Curiae.

Before SEYMOUR, Chief Judge, MOORE and EBEL, Circuit Judges.

SEYMOUR, Chief Judge.

Harold R. Fine filed this qui tam action against Sandia Corporation (Sandia), which operates Sandia National Laboratory under a contract with the United States Department of Energy (DOE). Mr. Fine alleges that Sandia misappropriated nuclear waste funds in violation of the Nuclear Waste Policy Act (NWPA). The district court dismissed the action for lack of subject matter jurisdiction. Because we conclude that this action is based in part...

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