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U.S. v. BLUE CROSS AND BLUE SHIELD OF ALABAMA

No. 95-6429.

156 F.3d 1098 (1998)

UNITED STATES of America, Qui Tam for Frank E. BODY, Plaintiff-Appellant, v. BLUE CROSS AND BLUE SHIELD OF ALABAMA, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 26, 1998.

Attorney(s) appearing for the Case

James L. Feldesman, Michael B. Glomb, Melissa M. Thomson, Feldesman, Tucker, Leifer, Fidell & Bank, Washington, DC, for Plaintiff-Appellant.

Michael Robinson, Civil Division, Douglas N. Letter, U.S. Dept. of Justice, Washington, DC, for Amicus.

Cary Dickinson Tynes, James L. Priester, Birmingham, AL, Warren Jay DeVechio, Kenneth M. Bruntel, Ramona E. Romero, Crowell & Moring, Washington, DC, for Defendant-Appellee.

Before TJOFLAT and BIRCH, Circuit Judges, and SMITH, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

Frank E. Body appeals the district court's dismissal of his claim against Blue Cross and Blue Shield of Alabama ("BCBSA") for lack of subject matter jurisdiction. Body, a former employee of BCBSA, brought suit as a qui tam relator under the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-33 (1994), alleging that BCBSA, in its role as a fiscal intermediary for Medicare Part A claims in...

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