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U.S. EX REL. GARIBALDI v. ORLEANS PARISH SCHOOL

No. 03-31010.

397 F.3d 334 (2005)

UNITED STATES of America ex rel. William GARIBALDI, Carlos Samuel, Plaintiffs-Appellees, v. ORLEANS PARISH SCHOOL BOARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 17, 2005.

Attorney(s) appearing for the Case

William Francis Wessel (argued), Victoria Lennox Bartels, Wessel & Associates, New Orleans, LA, for Plaintiffs-Appellees.

William D. Aaron, Jr. (argued), Brian E. Sevin, Sr., Goins Aaron, New Orleans, LA, for Defendant-Appellant.

Before REAVLEY, JONES and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

In the previous appeal in this qui tam action under the False Claims Act (FCA), Garibaldi I,1 we vacated the plaintiffs' judgment on the verdict, and rendered judgment for the Orleans Parish School Board holding that the board was not a "person" subject to liability under the FCA. This court's judgment in that case became final when the Supreme Court denied certiorari.2 Subsequently...

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