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A-1 AMBULANCE SERVICE, INC. v. CALIFORNIA

No. 98-15200.

202 F.3d 1238 (2000)

A-1 AMBULANCE SERVICE, INC., a corporation, aka Seal 1; Dennis B. Barrett, an individual, Plaintiffs-Appellants, v. State of CALIFORNIA, a political subdivision, aka Seal A; Daniel Smiley, Deputy Director, California State Emergency Medical Services Authority; The County of Fresno; K W P H Enterprises, dba American Medical Services; Sam Karas; Tom Perkins; Brian Sinnott, Defendants, and County of San Mateo; Med-Trans, dba Hartson Medical Services, dba Baystar; County of Monterey, a political subdivision; Peninsula Paramedic Services, Inc., a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 2000.

Attorney(s) appearing for the Case

Mark D. Polston, Washington, D.C., and Eugene Dong, Palo Alto, California, Attorneys for A-1 Ambulance Services, Inc. and Dennis B. Barrett.

Douglas C. Holland and William K. Rentz, Deputy County Counsel, Salinas, California, Attorneys for County of Monterey.

Brenda Carlson, Deputy County Counsel, Redwood City, California, Attorneys for County of San Mateo.

R. Michael Scarano, Jr., Michael G. McCarty, and Diane M. Racicot, Foley & Lardner, Los Angeles, California, Attorneys for Med-Trans, Hartson Medical Services, BayStar Medical Services and Peninsula Paramedic Services, Inc.

Diana Younts, United States Department of Justice, Washington, D.C., Attorney for the United States.

Before: KOZINSKI and THOMAS, Circuit Judges, and RAWLINSON, District Judge.

THOMAS, Circuit Judge:

A-1 Ambulance Service, Inc. ("A-1") appeals the district court's dismissal of its qui tam action against the County of San Mateo, the County of Monterey, and two private ambulance companies for alleged violations of the False Claims Act, 31 U.S.C. §§ 3729-3733. The district court dismissed A-1's action for lack of subject matter jurisdiction under the "public disclosure bar" of 31...

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