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U.S. v. ALCAN ELEC. AND ENGINEERING, INC.

No. 98-35194.

197 F.3d 1014 (1999)

UNITED STATES of America, Plaintiff, and Randy Harshman, Plaintiff-Appellant, v. ALCAN ELECTRICAL AND ENGINEERING, INC.; Arctic Electric, Inc.; Baranof Electrical Co., Inc.; Bright Electric; City Electric, Inc.; Coastline Electrical; Cochran, Inc.; Diamond Electric Company, Inc.; Ed's Electric, Inc.; Electric, Inc.; Fullford Electric, Inc.; Grasle and Associates, Inc.; Hot Wire Electric, Inc.; Interior Electric, Inc.; Island Electric, Inc.; Marshall's Electric; Norcon, Inc.; Redi-Electric; Signal Communications, Inc.; Skyline Electric; Star Electric, Inc.; 3-Way Electric of Alaska, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 7, 1999.

Attorney(s) appearing for the Case

Charles S. Holden, San Francisco, California, for the plaintiff-appellant.

Kevin M. Morford, Jensen, Garretson, Verrett & Morford, Anchorage, Alaska, for defendants-appellees 3-Way Electric, Inc., Alcan Electrical & Engineering, Inc., Arctic Electric, Inc., Baranof Electrical Co., Inc., Bright Services (dba Bright Electric), City Electric, Inc., Cochran Electric, Inc., Diamond Electrical Company, Ed's Electric, Inc., Electric, Inc, Fullford Electric, Inc., Grasle & Associates, Inc., Hot Wire Electric, Inc., Signal Communications, Skyline Electric, Inc., Star Electric, Inc., and Redi Electric, Inc. Rosanne M. Jacobsen, Eide & Miller, Anchorage, Alaska, for defendant-appellee Norcon, Inc.

Before: HUG, Chief Judge, TROTT and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

The relator Randy Harshman appeals the district court's dismissal of his qui tam action against 22 electrical contractors doing business in Alaska ("Defendants"), alleging that they violated the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-33. The district court dismissed the action for lack of subject matter jurisdiction under the "public disclosure bar" of 31 U.S.C. § 3730(e)(4)(A), because Harshman had disclosed these allegations...

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