U.S. EX REL. RODGERS v. STATE OF ARK.

No. 97-1940.

154 F.3d 865 (1998)

UNITED STATES of America ex rel. Frankie Carolyn RODGERS and Delbert O. Lewis, Plaintiffs-Appellees; United States of America, Intervenor on Appeal, v. STATE OF ARKANSAS and Arkansas Department of Education, Defendants-Appellants, Little Rock School District; Benton School District; Magnet Cove School District; Hope School District; Malvern School District; and Gurdon School District, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided September 4, 1998.


Attorney(s) appearing for the Case

Timothy Gauger, Assistant Attorney General, Little Rock, AR, argued (Tim Humphries, on the brief), for State of Ark.

Michael F. Hertz, Department of Justice, Washington, DC, argued (Frank W. Hunger, Paula Jean Casey, Douglas N. Letter, and Michael E. Robinson, on the brief), for United States.

James D. Kennedy, Russellville, AR, argued, for Appellees.

Before RICHARD S. ARNOLD and MORRIS SHEPPARD ARNOLD, Circuit Judges, and PANNER, District Judge.


RICHARD S. ARNOLD, Circuit Judge.

Two Arkansas residents brought this qui tam action against the State of Arkansas and the Arkansas Department of Education for allegedly obtaining federal education funding by filing false claims of compliance with federal civil-rights laws, in violation of the False Claims Act, 31 U.S.C. §§ 3729—3733 (1994). The State and its Department of Education moved to dismiss the claim, asserting that it is barred by...

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