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U.S. EX REL. BARAJAS v. U.S.

No. 99-55599.

258 F.3d 1004 (2001)

UNITED STATES of America, ex rel. Leocadio BARAJAS, Plaintiff-Appellant, v. UNITED STATES of America, Plaintiff-Appellee, v. Northrop Corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed August 3, 2001.

Attorney(s) appearing for the Case

Donald R. Warren, San Diego, California, and Phillip E. Benson, Costa Mesa, California, for plaintiff-appellant United States of America ex rel Leocadio Barajas.

Frank D. Kortum, Office of the United States Attorney, Los Angeles, California, for plaintiff-appellee United States of America.

Before: Harry PREGERSON, William A. FLETCHER, and RONALD M. GOULD, Circuit Judges.

Argued and Submitted September 12, 2000 — Pasadena, California.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge GOULD.

WILLIAM A. FLETCHER, Circuit Judge:

Under the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-3733, private individuals may bring qui tam civil actions against entities that have defrauded the government. If an FCA suit is brought by a private individual ("relator") as a qui tam action, the United States may choose...

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