U.S. v. A.D. ROE CO., INC.

No. 97-6044.

186 F.3d 717 (1999)

UNITED STATES of America, Plaintiff-Appellee, Fred M. Burns, ex rel United States of America, Plaintiff-Appellant, v. A.D. ROE COMPANY, INC.; Jim McCubbins, III; Norman Leigh; Kerry Welcher; Carl Graf; Steven R. Stambaugh; Rodger Call; Plano Construction Company; Swift Roofing of Elizabethtown, Inc.; Koch Corporation; Wallender Painting, Defendants-Appellees, A & A Mechanical, Inc., Defendant, Romac, Inc., Defendant—Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 28, 1999.


Attorney(s) appearing for the Case

Terry M. Cushing, William F. Campbell, Asst. U.S. Attorneys, Regina S. Edwards, Office of the U.S. Attorney, Louisville, KY, Michael F. Hertz, Jr. (argued and briefed), U.S. Department of Justice, Civil Division, Washington, DC, John C. Hoyle, Douglas N. Letter (briefed), Stephen J. Gripkey (briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Plaintiff-Appellee.

Peter F. Burns (briefed), Gary W. Fillingim (argued and briefed), Burns, Cunningham & Mackey, Mobile, AL, Michael E. Cohen, Bardstown, NY, for Plaintiff-Appellant.

George P. Parker, Sr. (briefed), George Bruce Stigger (argued and briefed), Parker & O'Connell, Louisville, KY, Michael T. Connelly, Connelly, Kaercher & Stamper, Louisville, KY, Max Parker, Murray, KY, James U. Smith, III, Smith & Smith, Louisville, KY, Ivan J. Frockt, Frockt & Klingman, Louisville, KY, for Defendants-Appellees.

Before: NORRIS, BATCHELDER, and BRIGHT, Circuit Judges.


OPINION

BATCHELDER, Circuit Judge.

Fred M. Burns appeals the district court's dismissal for lack of subject matter jurisdiction of his qui tam action brought against A.D. Roe Company and numerous other individuals and entities pursuant to the False Claims Act ("FCA"), 31 U.S.C. § 3730, alleging that the defendants had defrauded the United States Government by making false certifications on their work under federal contracts. The government has...

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