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U.S. EX.REL. BERNARD v. CASINO MAGIC CORP.

No. 01-2024.

293 F.3d 419 (2002)

UNITED STATES of America, ex rel. Maynard Bernard, Appellant, v. CASINO MAGIC CORP., a Minnesota Corporation; Casino Magic American Corp., a Minnesota Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 7, 2002.

Rehearing and Rehearing Denied: August 22, 2002.

Attorney(s) appearing for the Case

Jay C. Shultz, argued, Rapid City, SD (Robert Gusinsky and James S. Sword, Rapid City, SD, on the brief), for appellant.

Mark J. Briol, argued, Minneapolis, MN (Scott A. Benson and Amy J. Ihlan, Minneapolis, MN, Roberto A. Lange, Sioux Falls, SD, on the brief), for appellee.

Before McMILLIAN, Chief Judge, HEANEY and MURPHY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: August 22, 2002.*

HEANEY, Circuit Judge.

The United States and its relator, Maynard Bernard, appeal an adverse grant of summary judgment in this qui tam action.1 We hold the district court erred as a matter of law in concluding there was no management agreement, and reverse and remand for further action consistent with this opinion.

I. Background

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