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U.S. EX REL. PLUMBERS & STEAM. v. C.W. ROEN CONST.

No. 97-17204.

183 F.3d 1088 (1999)

UNITED STATES of America, ex rel. PLUMBERS AND STEAMFITTERS LOCAL UNION NO. 38 and Lawrence J. Mazzola, Plaintiffs-Appellants, v. C.W. ROEN CONSTRUCTION CO.; Bruce A. Roen; and Jeraldine C. Breault, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 13, 1999.

Attorney(s) appearing for the Case

John J. Davis, Jr., McCarthy, Johnson, & Miller, San Francisco, California, for the plaintiffs-appellants.

James P. Watson, Stanton, Kay & Watson, San Francisco, California, for the defendants-appellees.

Before: SCHROEDER, REINHARDT, and SILVERMAN, Circuit Judges.

Opinion by Judge REINHARDT; Dissent by Judge SILVERMAN.

REINHARDT, Circuit Judge:

In this qui tam action, Plumbers and Steamfitters Local No. 38 alleges that C.W. Roen Construction Company and its president and office manager violated the False Claims Act (FCA), 31 U.S.C. §§ 3729-33, by certifying falsely that the Company had paid the applicable prevailing wage as required by the Davis-Bacon Act and related federal laws, when in fact it had paid...

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