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EBERHARDT v. INTEGRATED DESIGN & CONST., INC.

Nos. 97-2522, 98-1034.

167 F.3d 861 (1999)

Ronald G. EBERHARDT, Plaintiff-Appellee, and United States of America, ex rel, Intervenor-Plaintiff, v. INTEGRATED DESIGN & CONSTRUCTION, INCORPORATED; Albert H. McCoubrey, III, Defendants-Appellants. Ronald G. Eberhardt, Plaintiff-Appellant, and United States of America, ex rel, Intervenor-Plaintiff, v. Integrated Design & Construction, Incorporated; Albert H. McCoubrey, III, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 10, 1999.

Attorney(s) appearing for the Case

ARGUED: David Thomas Ralston, Jr., Hopkins & Sutter, Washington, D.C., for Appellants. Stephen R. Smith, Kutak Rock, Washington, D.C., for Appellee. ON BRIEF: Karen Marie Grane, Hopkins & Sutter, Washington, D.C., for Appellants. Allen S. Rugg, Kutak Rock, Washington, D.C., for Appellee.

Before MURNAGHAN and MICHAEL, Circuit Judges, and HERLONG, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed in part, reversed in part, and remanded by published opinion. Judge HERLONG wrote the opinion, in which Judge MURNAGHAN and Judge MICHAEL joined.

OPINION

HERLONG, District Judge:

In 1996, Ronald G. Eberhardt ("Eberhardt") brought a qui tam action under 31 U.S.C.A. § 3730(b)(1) (West 1983 & Supp. 1998) against his former employer, Integrated Design & Construction, Inc. ("IDC"), and its majority owner, Albert H. McCoubrey...

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