U.S. EX REL. FINE v. MK-FERGUSON CO.

Nos. 95-2011, 95-2021.

99 F.3d 1538 (1996)

UNITED STATES of America, ex rel., Harold R. FINE, Plaintiff-Appellant/Cross-Appellee, v. MK-FERGUSON COMPANY, a Morrison Knudsen Company; Industrial Contractors Corporation; Morrison Knudsen Corporation, doing business as MK-Corporation Operations, Defendants-Appellees/Cross-Appellants. United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

November 6, 1996.


Attorney(s) appearing for the Case

Duff H. Westbrook of Duff H. Westbrook, P.C., Albuquerque, NM (Maureen A. Sanders, Albuquerque, NM, with him on the brief) for Plaintiff-Appellant/Cross-Appellee.

Paul Bardacke (Kerry C. Kiernan and Peter S. Kierst with him on the briefs) of Eaves, Bardacke & Baugh, P.A., Albuquerque, NM, for Defendant-Appellee/Cross-Appellant Industrial Contractors Corporation.

William P. Snyder (John C. Burgin, Jr., with him on the brief) of Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, TN, for Defendant-Appellee/Cross-Appellant MK-Ferguson Company.

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

Before HENRY, HOLLOWAY, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

This case arises under the False Claims Act, 31 U.S.C. §§ 3729-33, and specifically the qui tam provisions that allow individuals to sue on behalf of the government to recover federal monies lost as a result of false claims and fraudulent charges. The individual bringing the qui tam suit, called a relator, shares a percentage of any proceeds recovered. Id. § 3730(d).

The False Claims Act contains jurisdictional...

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