UNITED STATES of America, ex rel. Ronald E. LONG, Appellee/Cross-Appellant,
v.
SCS BUSINESS & TECHNICAL INSTITUTE, INC., et al., Appellees
State of New York, Appellant/Cross-Appellee,
Attorney General of the United States, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 14, 1999.
Decided April 2, 1999.
Attorney(s) appearing for the Case
Howard L. Zwickel, Assistant Attorney General, State of New York, argued the cause for appellant/cross-appellee. With him on the briefs was Peter H. Schiff, Deputy Solicitor General.
Ronald A. Shems, Assistant Attorney General, State of Vermont, argued the cause for amici curiae State of Vermont, et al. With him on the brief was William H. Sorrell, Attorney General.
Douglas N. Letter, Appellate Litigation Counsel, United States Department of Justice, argued the cause for United States as intervenor. With him on the briefs were Frank W. Hunger, Assistant Attorney General, and Wilma A. Lewis, United States Attorney. Richard L. Cys entered an appearance.
Stuart F. Pierson argued the cause and filed the briefs for appellee/cross-appellant.
Jill A. Dunn was on the notice of joinder in brief for appellant Joseph P. Frey.
Mark B. Rotenberg was on the brief for amicus curiae The Regents of the University of Minnesota.
Before: WALD, SILBERMAN, and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SILBERMAN.
SILBERMAN, Circuit Judge:
The question presented in this appeal is whether states are defendant persons under the False Claims Act. Contrary to the decisions of the Second and Eighth Circuits, see United States ex rel. Stevens v. Vermont Agency of Natural Resources,162 F.3d 195 (2d Cir.1998); United States ex rel. Zissler v. Regents of the Univ. of Minn.,<...
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