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U.S. EX REL. WILLARD v. HUMANA HEALTH PLAN

No. 02-40285.

336 F.3d 375 (2003)

UNITED STATES of America, ex rel. Irvin WILLARD, Plaintiff-Appellant, v. HUMANA HEALTH PLAN OF TEXAS INC., et al., Defendants, Humana Health Plan of Texas Inc.; Humana Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 26, 2003.

Attorney(s) appearing for the Case

Gerald M. Birnberg (argued), Matt E. Rubin, Williams, Birnberg & Andersen, John E. O'Neill (argued), Clements, O'Neill, Pierce, Wilson & Fulkerson, Patrick Andrew Zummo, Zummo, Mitchell & Perry, Houston, TX, for Plaintiff-Appellant.

Frederick L. Robinson, Fulbright & Jaworski, Washington, DC, for Defendants-Appellees.

William Joseph Boyce (argued), Fulbright & Jaworski, Houston, TX, for Humana Health Plan of Texas Inc.

Before GARWOOD, JONES and STEWART, Circuit Judges.

GARWOOD, Circuit Judge:

In this qui tam action, the United States of America, through its relator Irvin Willard (Willard), appeals from the judgment of the district court, pursuant to Fed. R.Civ.P. 12(b)(6) and 9(b), dismissing the second amended complaint filed against Humana Health Plan of Texas, Inc. and Humana, Inc. (Humana) alleging Humana violated the False Claims Act, 31 U.S.C. § 3729, et seq. (FCA). We affirm.

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