U.S. EX REL. WILSON v. GRAHAM COUNTY SOIL & WATER

Nos. 07-1322, 07-1910.

528 F.3d 292 (2008)

UNITED STATES of America ex rel. Karen T. WILSON, Plaintiff-Appellant, v. GRAHAM COUNTY SOIL & WATER CONSERVATION DISTRICT; Cherokee County Soil & Water Conservation District; Richard Greene, in his individual capacity; William Timpson, in his individual capacity; Keith Orr, in his individual and official capacities; Raymond Williams, in his individual capacity; Dale Wiggins, in his individual capacity; Gerald Phillips, in his individual capacity; Allen Dehart, in his individual capacity; Lloyd Millsaps; Jerry Williams, in his individual capacity; Billy Brown, in his individual capacity; Lynn Cody, in his individual capacity; Bill Tipton; C.B. Newton, in his individual capacity; Eddie Wood, in his individual capacity; Graham County, Defendants-Appellees, and Graham County Board Of County Commissioners; Cherokee County Board Of County Commissioners; Cherie Greene; Ricky Stiles; Betty Jean Orr; Joyce Lane; Jimmy Orr; Eugene Morrow; Charles Lane; Charles Laney; George Postell; Lloyd Kissleburg; Ted Orr; Bernice Orr; John Doe, Jr.; John Doe Corporation; Governmental Entities, 1-99, Defendants. United States of America ex rel. Karen T. Wilson, Plaintiff-Appellee, v. Keith Orr, in his individual and official capacities; Jerry Williams, in his individual capacity, Defendants-Appellants, and Graham County Soil & Water Conservation District; Graham County Board of County Commissioners; Cherokee County Soil & Water Conservation District; Cherokee County Board of County Commissioners; Richard Greene, in his individual capacity; Cherie Greene; William Timpson, in his individual capacity; Ricky Stiles; Betty Jean Orr; Raymond Williams, in his individual capacity; Dale Wiggins, in his individual capacity; Joyce Lane; Gerald Phillips, in his individual capacity; Allen Dehart, in his individual capacity; Jimmy Orr; Lloyd Millsaps; Billy Brown, in his individual capacity; Lynn Cody, in his individual capacity; Eugene Morrow; Charles Lane; Charles Laney; George Postell; Bill Tipton; Lloyd Kissleburg; C.B. Newton, in his individual capacity; Eddie Wood, in his individual capacity; Ted Orr; Bernice Orr; John Doe, Jr.; John Doe Corporation; Governmental Entities, 1-99; Graham County, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 9, 2008.


Attorney(s) appearing for the Case

ARGUED: Mark Tucker Hurt, Abingdon, Virginia, for United States of America ex rel. Karen T. Wilson. Christopher G. Browning, Jr., Solicitor General, North Carolina Department of Justice, Raleigh, North Carolina; Zeyland G. McKinney, Jr., Robbinsville, North Carolina, for Graham County Soil & Water Conservation District, Cherokee County Soil & Water Conservation District, Richard Greene, in his individual capacity, William Timpson, in his individual capacity, Keith Orr, in his individual and official capacities, Raymond Williams, in his individual capacity, Dale Wiggins, in his individual capacity, Gerald Phillips, in his individual capacity, Allen Dehart, in his individual capacity, Lloyd Millsaps, Jerry Williams, in his individual capacity, Billy Brown, in his individual capacity, Lynn Cody, in his individual capacity, Bill Tipton, C.B. Newton, in his individual capacity, Eddie Wood, in his individual capacity, Graham County. ON BRIEF: Roy Cooper, Attorney General, Raleigh, North Carolina, for Graham County Soil & Water Conservation District, Gerald Phillips, Allen Dehart, Lloyd Millsaps, Cherokee County Soil & Water Conservation District, Bill Tipton, C.B. Newton and Eddie Wood; Sean F. Perrin, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Charlotte, North Carolina, for Graham County, Raymond Williams, Dale Wiggins and Lynn Cody; Roy Patton, Canton, North Carolina, for Richard Greene and Billy Brown.

Vacated and remanded by published opinion. Judge Traxler wrote the opinion, in which Judge Motz and Judge Duncan joined.


OPINION

TRAXLER, Circuit Judge:

The central issue in this appeal is the scope of the "public disclosure" jurisdictional bar contained in the False Claims Act, 31 U.S.C.A. §§ 3729-33 (West 2003 & Supp.2007).1 Addressing an issue that has divided the circuit courts, the district court concluded that certain audits and reports issued by state and local governmental entities...

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