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U.S. EX REL. MAXWELL v. KERR-MCGEE OIL & GAS CORP.

No. 07-1193.

540 F.3d 1180 (2008)

UNITED STATES of America, ex rel. Bobby MAXWELL, Plaintiffs-Appellants, v. KERR-McGEE OIL & GAS CORPORATION, a Delaware corporation, Defendant-Appellee. United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 10, 2008.

Attorney(s) appearing for the Case

Sean Connelly,* Reilly Pozner, LLP, Denver, CO (Michael S. Porter, The Law Firm of Michael S. Porter, Wheat Ridge, CO and Richard C. LaFond, Richard C. LaFond, P.C., Denver, CO, with him on the briefs), for Plaintiffs-Appellants.

Marie R. Yeates, Vinson & Elkins L.L.P., Houston, TX (Penelope E. Nicholson and Abigail W. Giraud, Vinson & Elkins L.L.P., Houston, TX and Scott S. Barker, Marcy G. Glenn, Gregory E. Goldberg, Danielle R. Voorhees, Holland & Hart L.L.P., Denver, CO, with her on the brief), for Defendant-Appellee.

Charles W. Scarborough, Office of the United States Attorney, Washington, D.C. (Troy A. Eid, Peter D. Keisler, and Douglas N. Letter, with him on the brief), for Amicus Curiae.

Before McCONNELL, SEYMOUR and HOLMES, Circuit Judges.

McCONNELL, Circuit Judge.

Mr. Bobby Maxwell, a senior auditor for the United States Department of the Interior, brought this qui tam action against oil and gas producer Kerr-McGee Oil & Gas Corporation for defrauding the federal government by underpaying royalties for federal offshore oil leases. After the jury returned a $7.5 million verdict for Mr. Maxwell, the district court reversed its prior ruling on whether the court had subject matter jurisdiction...

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