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U.S. EX REL. EISENSTEIN v. CITY OF NEW YORK

Docket No. 06-3329-cv.

540 F.3d 94 (2008)

UNITED STATES of America, ex rel. Irwin EISENSTEIN, Plaintiff-Appellant, v. CITY OF NEW YORK, Michael Bloomberg, John Doe, Jane Doe, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 19, 2008.

Attorney(s) appearing for the Case

Lewis D. Zirogiannis (Marc A. Weinstein on the brief), Hughes Hubbard & Reed LLP, New York, NY, for Plaintiff-Appellant.

Andrew G. Lipkin, of counsel (Michael A. Cardozo, Corporation Counsel of the City of New York) New York, NY, for Defendant-Appellees.

Michael J. Garcia, United States Attorney for the Southern District of New York (Sheila M. Gowan and Jeffrey S. Oestericher, Assistant United States Attorneys, on the brief) New York, NY, for amicus curiae, the United States of America.

Before: WINTER, MINER, and CABRANES, Circuit Judges.

WINTER, Circuit Judge:

Irwin Eisenstein appeals from the dismissal of his complaint by Judge Batts. The City of New York has moved to dismiss the appeal, asserting that the notice of appeal was untimely. The issue is whether a private party bringing a False Claims Act qui tam action must file a notice of appeal within the 30 days after judgment applicable to civil actions generally, Fed. R.App. P. 4(a)(1)(A), or within...

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