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U.S. EX REL. SUTTON v. DOUBLE DAY OFFICE SERVICES

No. 96-16091.

121 F.3d 531 (1997)

UNITED STATES of America ex rel., Richard SUTTON, Plaintiff-Appellant, v. DOUBLE DAY OFFICE SERVICES, INC.; Thomas C. Ringlemann; Cheryl M. Ringlemann; William Sutton; Tom Hochmuth, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 11, 1997.

Attorney(s) appearing for the Case

Daniel Berko, San Francisco, CA, for Plaintiff-Appellant.

Matthew F. Quint and Lawrence R. Sussman, Quint & Valkevich, San Francisco, CA, for Defendants-Appellees.

Before: FARRIS and TASHIMA, Circuit Judges, and STAGG, Senior District Judge.

FARRIS, Circuit Judge:

Richard Sutton brings a qui tam False Claims Act action against Double Day Office Services, Inc., his former employer, alleging that Double Day fraudulently reported to the United States that it was in compliance with the Service Contract Act. Sutton appeals the district court's holding that he lacks standing because his claim is effectively an SCA claim and the SCA bars private rights of action.

The district court had jurisdiction pursuant...

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