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VARLJEN v. CLEVELAND GEAR CO., INC.

No. 99-4312.

250 F.3d 426 (2001)

Ivan VARLJEN; Milena Varljen; Euclid Welding Co., Inc.; UNITED STATES, ex rel., Plaintiffs-Appellants, v. CLEVELAND GEAR CO., INC.; Dana C. Lynch; Vesper Corporation; James Krava, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 17, 2001.

Attorney(s) appearing for the Case

ARGUED: Angeline R. Brozovich, (argued and briefed), Shaker Heights, Ohio, for Plaintiffs-Appellants.

John Winship Read (briefed), David J. Tocco (argued and briefed), Vorys, Sater, Seymour & Pease, Cleveland, Ohio, for Defendant-Appellee.

ON BRIEF: Angeline R. Brozovich, Shaker Heights, Ohio, for Appellants.

David J. Tocco, John Winship Read, VORYS, SATER, SEYMOUR & PEASE, Cleveland, Ohio, for Appellees.

Irene M. Solet (briefed), Douglas N. Letter (briefed), United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Amicus Curiae.

Before: NELSON, SILER, and CLAY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

SILER, Circuit Judge.

Plaintiffs, Euclid Welding Co., Inc., and its owners, Ivan and Milena Varljen ("Relators"), appeal the Federal Rule of Civil Procedure 12(b)(6) dismissal of this qui tam action for recovery under 31 U.S.C. §§ 3729(a)(1) and (a)(2) of the False Claims Act ("FCA"). The district court granted the motion to dismiss filed by the defendants, Cleveland Gear Co., Inc., Dana...

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