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U.S. EX REL. TOTTEN v. BOMBARDIER CORP.

No. 03-7128.

380 F.3d 488 (2004)

UNITED STATES of America ex rel. Edward L. TOTTEN, Appellant, v. BOMBARDIER CORPORATION and Envirovac, Inc., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 27, 2004.

Attorney(s) appearing for the Case

H. Vincent McKnight, Jr. argued the cause and filed the briefs for appellant.

Thomas M. Bondy, Attorney, U.S. Department of Justice, argued the cause for amicus curiae United States of America in support of appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General, U.S. Department of Justice, Roscoe C. Howard, Jr., U.S. Attorney, Douglas N. Letter, Attorney, Colin C. Carriere, Counsel to the Inspector General, Office of the Inspector General, National Railroad Passenger Corporation, and D. Hamilton Peterson, Deputy Counsel to the Inspector General.

Mark R. Hellerer argued the cause and filed the brief for appellee Bombardier Corporation. Philip L. Douglas entered an appearance.

Randall L. Mitchell argued the cause for appellee Envirovac, Inc. With him on the brief was Paul E. Lehner. Barbara Van Gelder and Scott M. McCaleb entered appearances.

Before: ROGERS, GARLAND, and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBERTS.

Dissenting opinion filed by Circuit Judge GARLAND.

ROBERTS, Circuit Judge:

Relator Edward Totten brought a qui tam action against Bombardier Corporation and Envirovac, Inc., alleging that those companies violated the False Claims Act, 31 U.S.C. § 3729, by delivering allegedly defective rail cars to the National Railroad Passenger Corporation (Amtrak) and submitting invoices to Amtrak...

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