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U.S. EX REL. DUNLEAVY v. COUNTY OF DELAWARE

No. 00-3691.

279 F.3d 219 (2002)

UNITED STATES of America ex rel. Anthony J. DUNLEAVY, v. COUNTY OF DELAWARE, Marianne Grace, Executive Director; The Council of the County of Delaware, Wallace H. Nunn, Chairman; Matthew J. Hayes Jr., as Administrator of the Estate of Matthew J. Hayes. Anthony J. Dunleavy, Appellant.

United States Court of Appeals, Third Circuit.

January 29, 2002.

Attorney(s) appearing for the Case

Regina D. Poserina, (Argued), Upper Darby, PA, Counsel for Appellant.

Francis X. Crowley, (Argued), Elisa Cohen Lacianca, Blank, Rome, Comisky & McCauley, Media, PA, Counsel for Appellees.

Stuart E. Schiffer, Acting Assistant Attorney General, Michael L. Levy, United States Attorney, Douglas N. Letter (Argued), United States Department of Justice, Washington, DC, Counsel for Amicus-Appellant United States of America.

Brian Stuart Koukoutchos, Mandeville, LA, James Moorman, Amy Wilken, Taxpayers Against Fraud, The False Claims Act Legal Center, Washington, DC, Counsel for Amicus Curiae Taxpayers Against Fraud, The False Claims Act Legal Center.

Before: MANSMANN, ROTH and FUENTES, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

The appellant, Anthony J. Dunleavy, was a consultant to appellee, Delaware County. In this capacity, Dunleavy advised the County as to the various federal regulatory requirements concerning certain Housing and Urban Development funding grants. Dunleavy sued the County contending that it committed several violations of the False Claims Act, 31 U.S.C. § 3729, et seq. The District Court dismissed Dunleavy...

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