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U.S. EX REL. McKENZIE v. BELLSOUTH TEL.

No. 96-5268.

123 F.3d 935 (1997)

UNITED STATES of America, ex rel., Mary C. McKENZIE; Mary C. McKenzie, Plaintiffs-Appellants, v. BELLSOUTH TELECOMMUNICATIONS, INC., doing business as South Central Bell Telephone Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 26, 1997.

Attorney(s) appearing for the Case

Ronald J. Zuker (briefed), Vaughan & Zuker, Knoxville, TN, William C. Buckhold (argued and briefed), Leonard Egan (briefed), Thomas A. Lorenzen, Fort & Schlefer, Washington, DC, for Plaintiffs-Appellants.

Matthew H. Patton (argued and briefed), Kilpatrick & Cody, Fred A. Walters, BellSouth Telecommunications, Inc., Atlanta, GA, Arthur G. Seymour, Jr., Frantz, McConnell & Seymour, Knoxville, TN, for Defendant-Appellee.

Before: NORRIS and MOORE, Circuit Judges, RUSSELL, District Judge.

RUSSELL, D.J., delivered the opinion of the court, in which MOORE, J., joined. NORRIS, J. (p. 945), delivered a separate dissenting opinion.

RUSSELL, District Judge.

The plaintiff, Mary McKenzie, brought this qui tam action1 under the False Claims Act ("FCA"), 31 U.S.C. § 3729-3733, for BellSouth Telecommunications, Inc.'s ("BellSouth") allegedly fraudulent activities against the United States government. McKenzie also asserted...

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