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AMERICAN TEXTILE MFRS. INSTITUTE v. THE LIMITED

No. 98-3889.

190 F.3d 729 (1999)

AMERICAN TEXTILE MANUFACTURERS INSTITUTE, INC., Plaintiff-Appellant, v. THE LIMITED, INC., et al.; Tarrant Apparel Group, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 14, 1999.

Rehearing and Suggestion for Rehearing Denied November 2, 1999.

Attorney(s) appearing for the Case

Douglas N. Letter (argued and briefed), Sandra Wien Simon, Richard A. Olderman (briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, D.C., for Amicus Curiae.

Paul D. Cullen (argued and briefed), Diana E. Stein and Joseph Black (briefed), Cullen Law Firm, Washington, D.C., Ann Lugbill and James B. Helmer, Jr. (briefed), Helmer, Lugbill, Martins & Morgan, L.P.A., Cincinnati, Ohio, for Plaintiff-Appellant.

Michael J. Canter (briefed), James E. Phillips, Vorys, Sater, Seymour & Pease, Columbus, Ohio, John T. Boese (argued and briefed), Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C., for Defendant-Appellee The Limited, Inc.

David J. Young (briefed), Squire, Sanders & Dempsey, L.L.P., Columbus, Ohio, for Defendant-Appellee Tarrant Apparel Group.

Before: KEITH, BOGGS, and CLAY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 2, 1999.*

OPINION

BOGGS, Circuit Judge.

The American Textile Manufacturers Institute filed a qui tam action against several defendants, alleging that the defendants submitted false claims to the government to avoid payment of fines, duties, and liquidated damages for the illegal transshipment of imported textiles. A United States District Judge dismissed the...

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