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LUCKEY v. BAXTER HEALTHCARE CORP.

No. 95 C 509.

2 F.Supp.2d 1034 (1998)

Joan P. LUCKEY, Plaintiff, v. BAXTER HEALTHCARE CORP., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

As Amended, June 19, 1998.

Attorney(s) appearing for the Case

Todd A. Smith, Devon C. Bruce, Powers, Rogers & Smith, Chicago, IL, for Plaintiff.

Javier H. Rubinstein, Lucia Nale, Bettina Getz, Ronald Philip Gould, Hugh R. McCombs, Jr., Mayer, Brown & Platt, Chicago, IL, William F. Pendergast, Alan M. Buie, Seyfarth, Shaw, Fairweather & Geraldson, Washington, DC, for Defendant.

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Relator Joan Luckey, a former technician at the laboratories of defendant Baxter Healthcare Corporation ("Baxter"), brings this action on behalf of the United States pursuant to the qui tam provision of the False Claims Act ("FCA"), 31 U.S.C. § 3730(h). Count I of the complaint alleges that Baxter made false claims to the United States by (1) misrepresenting its testing of

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