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KENNARD v. COMSTOCK RESOURCES, INC.

No. 03-8012.

363 F.3d 1039 (2004)

Don C. KENNARD and Harrold E. Wright, Plaintiffs-Appellants, v. COMSTOCK RESOURCES, INC.; Comstock Oil & Gas, Inc.; Black Stone Oil Co.; WT Carter & Bro; and Willow Creek Resources, Inc., Defendants-Appellees. United States of America and Burlington Resources Oil & Gas Company LP, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 5, 2004.

Attorney(s) appearing for the Case

Pat S. Holloway, Dripping Springs, TX, for Plaintiffs-Appellants.

J. Robert Beatty (W. Scott Hastings with him on the brief) of Locke, Liddell & Sapp LLP, Dallas, TX, for Defendants-Appellees.

Sara McLean, Attorney, Civil Division, Washington, D.C. (Robert D. McCallum, Jr., Assistant Attorney General; Douglas N. Letter, Appellate Litigation Counsel; Alan E. Kleinburd and Michael D. Granston, Attorneys, Civil Division, Washington, D.C., with her on the brief), for Amicus Curiae United States.

John T. Boese, Justin J. Brookman, and Michael J. Anstett of Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C.; Donald I. Schultz, P.C., of Holland & Hart, LLP, Cheyenne, WY; Craig L. Stahl and Jeffrey T. Kuehnle of Andrews & Kurth LLP, The Woodlands, TX; and Laura B. Rowe of Hicks, Thomas & Lilienstern, LLP, Houston, TX, filed a brief for Amicus Curiae Burlington Resources Oil & Gas Co. LP.

Before EBEL, McKAY, and LUCERO, Circuit Judges.

McKAY, Circuit Judge.

Appellant Relators Mr. Kennard and Mr. Wright brought this qui tam action on behalf of the United States Government against Appellees Comstock Resources, Inc., et al., ("Comstock") pursuant to the False Claims Act, 31 U.S.C. §§ 3729-3730 ("FCA"). The allegations center around oil and gas leases between Comstock and an Indian Tribe. The Indian leases are subject to regulation by the Secretary of the Interior who acts as...

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