U.S. EX REL. KINNEY v. STOLTZ

No. 02-2193.

327 F.3d 671 (2003)

UNITED STATES of America, ex rel. James B. KINNEY, Appellant, v. Rebecca STOLTZ, an individual; Kelly Spratt; Geraldine Peterson, an individual; Jennifer Peterson an individual, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 5, 2003.


Attorney(s) appearing for the Case

Phillip E. Benson, argued, Anaheim Hills, CA, for appellant.

Michael E. Robinson, argued, Washington, DC, for Amicus Curiae.

David T. Schultz, argued, Minneapolis, MN (Amanda M. Cialkowski and Amy Klobuchar, on the brief), for appellee.

Before WOLLMAN, HEANEY and MELLOY, Circuit Judges.


HEANEY, Circuit Judge.

This is an appeal from a dismissal of a second qui tam action brought on behalf of the United States by James Kinney pursuant to the False Claims Act,1 31 U.S.C. §§ 3729-3733. The complaint alleged that appellees Rebecca Stoltz (Stoltz), Kelly Spratt (Spratt), Geraldine Peterson (G. Peterson), and Jennifer Peterson (J. Peterson), four Hennepin County Medical Center (HCMC) employees, knowingly and falsely...

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