U.S. EX REL. FINE v. CHEVRON, U.S.A., INC.

Nos. 93-15012, 93-15728.

72 F.3d 740 (1995)

UNITED STATES of America ex rel., Plaintiff, Harold R. FINE, Plaintiff-Appellant, v. CHEVRON, U.S.A., INC.; Bechtel Petroleum Operations, Inc.; and Williams Brothers Engineering Company, Defendants-Appellees. UNITED STATES of America ex rel., Plaintiff, Harold R. FINE, Plaintiff-Appellant, v. The UNIVERSITY OF CALIFORNIA, and The Board of Regents of the University of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 12, 1995.


Attorney(s) appearing for the Case

Stuart M. Nelkin, Nelkin & Nelkin, Houston, Texas, for the plaintiff-appellant.

Walter R. Allan, Alson Kemp, Jr., and Michael F. LaBianca, Pillsbury, Madison & Sutro, San Francisco, California, for defendant-appellee Chevron; Philip R. Placier and Scott L. Gardner, Thelen, Marrin, Johnson & Bridges, San Francisco, California, for defendant-appellee Bechtel Petroleum; Weyman I. Lundquist and Stephanie M. Hinds, Heller, Ehrman, White & McAuliffe, San Francisco, California, for defendant-appellee Williams Brothers Engineering.

William D. Hunter, Collette & Erickson, San Francisco, California, for defendants-appellees The University of California and The Board of Regents.

Michael F. Hertz and Joan E. Hartman, United States Department of Justice, Washington, DC, for amicus curiae United States.

J. Stephen Lawrence, Jr., Arnold & Porter, Washington, DC, for amicus curiae Stanford University.

Before: WALLACE, Chief Judge, REINHARDT, BEEZER, HALL, KOZINSKI, LEAVY, TROTT, FERNANDEZ, T.G. NELSON, KLEINFELD, and HAWKINS, Circuit Judges.


Separate concurrence by Judge KOZINSKI in which Judge T.G. NELSON joins; separate concurrence by Judge TROTT in which Judge KOZINSKI joins; separate concurrence by Judge HAWKINS in which Judge KOZINSKI joins; dissent by Judge LEAVY in which Judge REINHARDT joins.

CYNTHIA HOLCOMB HALL, Circuit Judge:

This is a consolidated appeal from the dismissal of two qui tam actions under the False Claims Act. The relator, Harold Fine, is a former employee of the Office...

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