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U.S. EX REL. DOE v. DOW CHEMICAL CO.

No. 02-30790.

343 F.3d 325 (2003)

UNITED STATES of America, ex rel. John DOE, Plaintiff-Appellant, v. DOW CHEMICAL COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised August 29, 2003.

Attorney(s) appearing for the Case

Stephen Todd Hoover, Hoover Law Firm, Baton Rouge, LA, for Plaintiff-Appellant.

Richard Ben Foster, Kent B. Ryan, Lemle & Kelleher, New Orleans, LA, John A. Gray, The Dow Chemical Co., Plaquemine, LA, for Defendant-Appellee.

Edward Himmelfarb, Douglas N. Letter, U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for U.S., Amicus Curiae.

David Lawrence Bateman, Law Office of David L. Bateman, Baton Rouge, LA, for Bain, Amicus Curiae.

Luis A. Leitzelar, Murphy J. Foster, III, Cade Aaron Evans, Breazeale, Sachse & Wilson, Baton Rouge, LA, for Georgia Gulf Corp., Amicus Curiae.

Before WIENER, CLEMENT, and PRADO, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

In this case, appellant contends that he stated a valid reverse false claim under the False Claims Act, 31 U.S.C. § 3729(a)(7). The district court dismissed appellant's claim for failure to plead with particularity under Federal Rule of Civil Procedure 9(b) and failure to state a claim on which relief can be granted under Federal Rule of Civil Procedure 12(b)(6), and denied his motion

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