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DINGLE v. BIOPORT CORP.

No. 03-1841.

388 F.3d 209 (2004)

Russell E. DINGLE, Thomas L. Rempfer, United States of America, ex rel., Plaintiffs-Appellants, v. BIOPORT CORPORATION, Robert Myers, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 28, 2004.

Attorney(s) appearing for the Case

ARGUED: Kenneth T. Levine, Nelson Levine DeLuca & Horst, Blue Bell, PA, for Appellants. Ronald H. Clark, Arent Fox PLLC, Washington, D.C., for Appellees. ON BRIEF: Kenneth T. Levine, Nelson Levine DeLuca & Horst, Blue Bell, PA, for Appellants. Ronald H. Clark, D. Jacques Smith, Brian C. Lansing, Arent Fox PLLC, Washington, D.C., for Appellees.

Before: KENNEDY and COOK, Circuit Judges; HOOD, District Judge.

OPINION

KENNEDY, Circuit Judge.

Plaintiffs/Relators Russell E. Dingle and Thomas L. Rempfer ("Relators") appeal the dismissal of their qui tam false claims action for lack of jurisdiction due to the public disclosure bar. Because we find no error in the district court's decision, we AFFIRM it.

BACKGROUND

Relators filed this qui tam false claims action in district court in October of 2000 alleging that the BioPort Corporation ("BioPort...

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