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U.S. EX REL. BIDDLE v. BOARD OF TRUSTEES OF LELAND STANFORD

No. 96-16911.

161 F.3d 533 (1998)

UNITED STATES of America, ex rel., Paul BIDDLE, Plaintiff-Appellant, v. BOARD OF TRUSTEES OF THE LELAND STANFORD, JR. UNIVERSITY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 26, 1998.

Amended November 3, 1998.

Attorney(s) appearing for the Case

Phillip E. Benson, Orange, CA, Brian J. Panish, Greene, Broillet, Taylor, Wheeler & Panish, Santa Monica, CA, Timothy M. Rastello, Walter H. Bithell and Marcy G. Glenn, Holland & Hart, LLP, Denver, CO, for plaintiff-appellant.

Debra L. Zumwalt (argued), Kevin Fong and Patrick Dunkley, Pillsbury Madison & Sutro LLP, Palo Alto, California and J. Stephen Lawrence, Jr., Arnold & Porter, Washington, D.C., for defendant-appellee.

Before: BOOCHEVER, Senior Circuit Judge, KLEINFELD, Circuit Judge, and WILSON, District Judge.

Opinion by District Judge WILSON; Dissent by Judge KLEINFELD.

ORDER

The Slip Opinion filed May 26, 1998 is amended to include Judge Kleinfeld's dissent.

OPINION

WILSON, District Judge:

Paul Biddle appeals the district court's dismissal of his cause of action for lack of subject matter jurisdiction. Biddle brought a qui tam lawsuit against the Board of Trustees of the Leland Stanford, Jr. University ("Stanford") pursuant to...

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