U.S. v. PEMCO AEROPLEX, INC.

No. 97-6910.

195 F.3d 1234 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. PEMCO AEROPLEX, INC., a subsidiary of Precision Standard Company, a corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 15, 1999.


Attorney(s) appearing for the Case

Caryl P. Privett, G. Douglas Jones, U.S. Atty., Birmingham, AL, Irene M. Solet, Douglas N. Letter, Dept. of Justice, Civil App. Div., Washington, DC, for Plaintiff-Appellant.

William F. Pendergast, Seyfarth, Shaw, Fairweather & Geraldson, Washington, DC, for Defendant-Appellee.

Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.


HULL, Circuit Judge:

The United States ("government") appeals the district court's dismissal of its False Claims Act and state common law claims against appellee Pemco Aeroplex, Inc. ("Pemco"). The specific issue we decide is whether the district court erred in dismissing for failure to state a claim under Fed.R.Civ.P. 12(b)(6) the government's "reverse false claim" under the False Claims Act, 31 U.S.C. § 3729(a)(7...

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