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U.S. v. U.S. EX REL. THORNTON

No. 98-11483.

207 F.3d 769 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. UNITED STATES of America, ex relatione, Peter Jensen THORNTON, Relator-Appellee, v. Science Applications International Corporation; Bendix Field Engineering Corporation, A Division of Allied Signal Aerospace Company; Lloyd Electric Company, Inc., Defendants.

United States Court of Appeals, Fifth Circuit.

March 28, 2000.

Attorney(s) appearing for the Case

Laurence Joel Freedman, Joan Elaine Hartman (argued), James Edward Ward, IV, Michael F. Hertz, U.S. Dept. of Justice, Civ. Div., Washington, DC, Thelma Quince Colbert, Fort Worth, TX, for Plaintiff-Appellant.

Frank Paul Bland (argued), Trial Lawyers for Public Justice, Washington DC, for Relator-Appellee.

Before POLITZ, JOHN R. GIBSON and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal presents the issue of how to value a False Claims Act settlement when the settlement includes both cash and released claims against the government. The government appeals the district court's determination that the award of the qui tam relator, Peter Thornton, should be calculated using both the cash value of the settlement and the court's estimate of the value of the defendants...

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