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SEARCY v. PHILIPS ELECTRONICS NORTH AMERICA CORP.

No. 96-40515.

117 F.3d 154 (1997)

Jason R. SEARCY, Trustee for the Bankruptcy Estate of C & P Business World, Inc.; et al., Plaintiff, v. PHILIPS ELECTRONICS NORTH AMERICA CORPORATION; et al., Defendant. Lloyd T. BORTNER, on Behalf of the UNITED STATES of America, Plaintiff-Appellee, v. PHILIPS ELECTRONICS NORTH AMERICA CORPORATION; et al., Defendants. PHILIPS ELECTRONICS NORTH AMERICA CORPORATION; Philips Electronics NV, Defendants-Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Fifth Circuit.

June 30, 1997.

Attorney(s) appearing for the Case

James Daniel Leftwich, Gregory Mark Baruch, Berry & Leftwich, Washington, DC, for Plaintiff-Appellee.

Eric Ross Cromartie, Mark Keith Sales, David John Schenck, Hughes & Luce, Dallas, TX, for Defendants-Appellees.

Edward Himmelfarb, Stephen Woolman Preston, Douglas N. Letter, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Appellant.

Before REYNALDO G. GARZA, HIGGINBOTHAM and JONES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we must decide whether the False Claims Act gives the government the power to veto a settlement after it has declined to intervene in both the trial and appellate courts. We find the last sentence of 31 U.S.C. § 3730(b)(1) unambiguous in its declaration that courts may not grant a voluntary dismissal in a False Claims Act suit unless the U.S. Attorney General consents to the dismissal. Thus, we must vacate the settlement...

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