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U.S. EX REL. HOLMES v. CONSUMER INS. GROUP

No. 01-1077.

279 F.3d 1245 (2002)

UNITED STATES of America ex rel Mary L. HOLMES, Plaintiff-Appellant, and United States of America, Movant-Appellee, v. CONSUMER INSURANCE GROUP; John Hightower, Defendants.

United States Court of Appeals, Tenth Circuit.

February 19, 2002.

Attorney(s) appearing for the Case

Craig D. Joyce, Walters & Joyce, P.C., Denver, CO, appearing for Appellant.

Charles W. Scarborough, United States Attorney, Appellate Staff Civil Division, Department of Justice, (Stuart E. Schiffer, Acting Assistant Attorney General, United States Department of Justice, Office of Immigration Litigation, Washington, DC, Richard T. Spriggs, United States Attorney, Office of the United States Attorney, Denver, CO, and Douglas N. Letter, United States Attorney, Appellate Staff Civil Division, Department of Justice, Washington, DC, with him on the brief), appearing for Appellee.

Before TACHA, Chief Judge, GARTH and BRISCOE, Circuit Judges.

TACHA, Chief Circuit Judge.

Appellant Mary L. Holmes filed this action against Consumer Insurance Group under the qui tam provision of the False Claims Act, 31 U.S.C. § 3730. The United States moved to dismiss Holmes from the suit under Federal Rule of Civil Procedure 12(b)(1). The district court granted the motion and entered judgment against Holmes pursuant to Federal Rule of Civil Procedure 54(b). Holmes appealed. We exercise jurisdiction pursuant to...

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