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

No. 01-1077.

318 F.3d 1199 (2003)

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

United States Court of Appeals, Tenth Circuit.

February 10, 2003.

Attorney(s) appearing for the Case

Craig D. Joyce, Walters & Joyce, P.C., Denver, CO, for the Plaintiff-Appellant.

Charles W. Scarborough, Appellate Staff Civil Division, Department of Justice, (Robert D. McCallum, Jr., Assistant Attorney General; John W. Suthers, United States Attorney; Douglas N. Letter, Appellate Staff Civil Division, Department of Justice with him on the brief) Washington, D.C., for the Movant-Appellee.

Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, MURPHY, LUCERO, HARTZ, and O'BRIEN, Circuit Judges.

BRISCOE, Circuit Judge.

Relator Mary L. Holmes appeals the district court's dismissal, for lack of subject matter jurisdiction, of her claims under the False Claims Act (FCA), 31 U.S.C. §§ 3729-33. A divided panel of this court affirmed the district court's judgment. See United States ex rel. Holmes v. Consumer Ins. Group, 279 F.3d 1245 (10th Cir.2002). This court subsequently granted rehearing en banc. Upon rehearing...

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