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U.S. EX REL. JANE DOE 1 v. X, INC.

No. CIV.A.98-47-MC.

246 B.R. 817 (2000)

UNITED STATES of America, ex rel., JANE DOE 1, Jane Doe 2, Jane Doe 3, and Jane Doe 4, Plaintiffs, v. X, INC., and John Does, Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

March 23, 2000.

Attorney(s) appearing for the Case

M. Miller Baker, Washington, DC, Brian D. Miller, Assistant United States Attorney, United States Attorney's Office, Alexandria, VA, for Plaintiff or Petitioner.

MEMORANDUM OPINION

ELLIS, District Judge.

This False Claims Act case raises the question, unresolved in this circuit, of whether a qui tam action can proceed against a defendant in bankruptcy under the police powers exception to the automatic stay1 when the United States has not yet decided whether to intervene pursuant to 31 U.S.C. § 3730(b)(4)(B).

I.2

In June 1998,...

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