U.S. EX REL MISTICK PBT v. HOUSING AUTHORITY

No. 97-3248.

186 F.3d 376 (1999)

UNITED STATES of America ex rel. MISTICK PBT and Mistick Pbt, v. HOUSING AUTHORITY OF THE CITY OF PITTSBURGH; L.D. Astorino & Associates, Ltd. (formerly known as L.D. Astorino Architects, Inc.); Astorino Branch Environmental Inc.; Astorino Branch Engineers; Ernest E. Miller, individually; David B. Washington, individually; Louis D. Astorino, individually; Dennis L. Astorino, individually; Patrick I. Branch, individually; Bernard J. Quinn, individually Mistick PBT, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 30, 1999.

As Amended October 18, 1999.


Attorney(s) appearing for the Case

David J. Hickton (Argued), James P. Thomas, Burns, White & Hickton, Pittsburgh, PA, for Appellees.

L.D. Astorino, Astorino Branch Env., Astorino Branch Eng., Louis D. Astorino, Dennis L. Astorino, Patrick I. Branch and Bernard J. Quinn, Louis C. Long (argued), Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, PA, for Appellees.

Housing Authority of the City of Pittsburgh, Ernest Miller and David Washington, John E. Beard, III (argued), Peter N. Flocos, Kirkpatrick & Lockhart LLP, Pittsburgh, PA, for Appellant.

Before: BECKER, Chief Judge, ALITO and ALDISERT, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge:

This appeal arises from a qui tam action based on the False Claims Act, 31 U.S.C. §§ 3729 et seq. (1994). The District Court dismissed the complaint for lack of subject matter jurisdiction under 31 U.S.C. § 3730(e)(4)(A), which provides that no court has jurisdiction over a False Claims Act qui tam action that is based on certain public disclosures...

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