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U.S. EX REL. SETTLEMIRE v. DISTRICT OF COLUMBIA

No. 98-7180.

198 F.3d 913 (1999)

UNITED STATES of America ex rel. Earl S. SETTLEMIRE, Appellant, v. The DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1999.

Attorney(s) appearing for the Case

Joyce E. Mayers argued the cause and was on the briefs for appellant. Pamela J. Bethel entered an appearance.

Donna M. Murasky, Assistant Corporation Counsel, argued the cause for appellee. With her on the briefs were John M. Ferren, Corporation Counsel at the time the main brief was filed, Jo Anne Robinson and Robert R. Rigsby, Interim Corporation Counsel at the time supplemental briefs were filed, and Charles L. Reischel, Deputy Corporation Counsel.

Douglas N. Letter, Attorney, U.S. Department of Justice, argued the cause for the United States as amicus curiae. With him on the brief were David W. Ogden, Acting Assistant Attorney General, Michael F. Hertz and David M. Gossett, Attorneys, and Wilma A. Lewis, U.S. Attorney.

Before: EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Appellant-relator Earl S. Settlemire brought this qui tam action against the District of Columbia, alleging that the District spent funds appropriated by the United States for purposes other than those intended by Congress, thereby violating the False Claims Act ("FCA" or "Act"), 31 U.S.C. §§ 3729-3733 (1994). The district court dismissed the action for lack of...

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