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PFINGSTON v. RONAN ENGINEERING CO.

Nos. 00-56721, 00-57166.

284 F.3d 999 (2002)

Douglas V. PFINGSTON, Plaintiff-Appellant, and United States of America, Plaintiff, v. RONAN ENGINEERING CO.; Fleming Engineering Inc., Defendants, and Los Angeles Metropolitan Transportation Authority, Defendant-Appellee. Douglas V. Pfingston, aka Seal 1, Plaintiff-Appellant, and United States of America, aka Seal 2, Plaintiff, v. Ronan Engineering Co., aka Seal A; Fleming Engineering Inc., aka Seal B, Defendants, and Los Angeles Metropolitan Transportation Authority, aka MTA, aka Metro, aka Seal C, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 19, 2002.

Attorney(s) appearing for the Case

Gary R. Carlin, Long Beach, CA; John Wallace (argued), Agoura Hills, CA, for the plaintiff-appellant.

Lloyd W. Pellman, County Counsel; Steven J. Carnevale, Assistant County Counsel; Richard P. Chastang (argued), Principal Deputy County Counsel; Los Angeles, CA, for the defendant-appellee.

Before: O'SCANNLAIN, SILVERMAN, Circuit Judges, and REED, District Judge.

O'SCANNLAIN, Circuit Judge.

We must decide, among other things, whether the False Claims Act authorizes an award of attorneys' fees against another attorney.

I

In October 1993, the Los Angeles Metropolitan Transit Authority (the "MTA") selected Fleming Engineering Company ("Fleming") to replace thirteen underground fuel storage tanks. Fleming also agreed to construct a fuel leak detection system in connection with installation of the new tanks. The...

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