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U.S. EX REL. ROBY v. BOEING CO.

No. 00-4157.

302 F.3d 637 (2002)

UNITED STATES of America ex rel. Brett ROBY, Plaintiff-Appellee, v. BOEING CO., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 12, 2002.

Attorney(s) appearing for the Case

Douglas N. Letter (argued and briefed), United States Department of Justice, Civil Division, Washington, DC, Alicia J. Bentley (briefed), United States Department of Justice, Civil Division, Washington, DC, James B. Helmer, Jr. (argued and briefed), Frederick M. Morgan, Jr. (briefed), Helmer, Martins & Morgan Co., L.P.A., Cincinnati, OH, for Plaintiffs-Appellees.

Carl S. Rauh (briefed), Amy R. Sabrin (argued and briefed), Skadden, Arps, Slate, Meagher & Flom, LLP, Washington, DC, Daniel E. Izenson (briefed), Keating, Muething & Klekamp, P.L.L., Cincinnati, OH, for for Defendant-Appellant.

Before MERRITT, BOGGS, and MOORE, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which MERRITT, J., joined. BOGGS, J. (pp. 649-52), delivered a separate dissenting opinion.

OPINION

MOORE, Circuit Judge.

This action was brought under the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-3733, to recover damages for the loss of a helicopter that Defendant-Appellant Boeing Co. ("Boeing") had remanufactured or overhauled for military use. Boeing now raises the questions of law...

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