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U.S. EX REL HAYES v. CMC ELECTRONICS, INC.

No. CIV 01-33.

297 F.Supp.2d 734 (2003)

UNITED STATES of America ex rel. Russell HAYES, Plaintiff/Relator, v. CMC ELECTRONICS INC., Defendant.

United States District Court, D. New Jersey.

December 1, 2003.

Attorney(s) appearing for the Case

David A. Cohen, Esq., The Cullen Law Firm, Washington, DC, for Plaintiff.

Michael A. Chagares, Office of the US Attorney, Newark, NJ, for Intervenor-Plaintiff/Intervenor-Defendant/Defendant.

Edward G. Imperatore, Harwood Lloyd, LLC, Hackensack, NJ, for Intervenor-Defendant.

OPINION

HOCHBERG, District Judge.

Introduction:

This matter comes before the Court on Defendant CMC Electronic's ("CMCE") Partial Motion to Dismiss Counts I and II of the Complaint pursuant to Fed.R.Civ.P. 12(b)(6). In the alternative, Defendant has brought a Motion for Partial Summary Judgment pursuant to Fed.R.Civ.P. 56(c). The Defendant contends that the Plaintiffs do not have a cause of action under the False Claims Act, 31 U.S.C. &...

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