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U.S. EX REL. THISTLETHWAITE v. DOWTY WOODVILLE POLYMER, LTD.

No. 94 CIV. 3521 LLS.

6 F.Supp.2d 263 (1998)

UNITED STATES of America ex rel. Jeffrey THISTLETHWAITE and Jeffrey Thistlethwaite, Plaintiffs, v. DOWTY WOODVILLE POLYMER, LIMITED, Richard Walker and Michael Thompson, Defendants.

United States District Court, S.D. New York.

June 1, 1998.

Attorney(s) appearing for the Case

U.S. Atty., Southern District of New York, NY, for U.S.; Jonathan Willens, Gideon A. Schor, of counsel.

Engel & McCarney, New York, NY, for Jeffrey Thistlethwaite; Thomas E. Engel, of counsel.

Crowell & Moring, Washington, DC, for Defendants; Peter J. Romatowski, Stephen M. Byers, James A. Garcia, of counsel.

Richards Spears Kibbe & Orbe, New York, NY, for Defendants; Linda Imes, of counsel.

OPINION AND ORDER

STANTON, District Judge.

Defendants move for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c) with respect to all claims based on retroactive application of certain parts of the 1986 amendments to the False Claims Act ("FCA") 31 U.S.C. §§ 3729 et seq. Specifically, the defendants claim that the new statute of limitations, enhanced civil penalties, and treble damages provisions do not apply to defendants' conduct...

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