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U.S. EX REL. SANDERS v. NORTH AMERICAN BUS INDUSTRIES, INC.

No. 07-1773.

546 F.3d 288 (2008)

UNITED STATES of America ex rel. Thornton G. SANDERS, Plaintiff-Appellant, v. NORTH AMERICAN BUS INDUSTRIES, INCORPORATED; Deloitte & Touche USA, LLP; North American Bus Industries Kft., Defendants-Appellees, and North American Bus Industries, Rt.; American Ikarus; Peter Z. Rona; The First Hungary Fund, Defendants. Taxpayers Against Fraud Education Fund, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 5, 2008.

Attorney(s) appearing for the Case

ARGUED: Joseph A. Black, Cullen Law Firm, P.L.L.C., Washington, D.C., for Appellant. James Patrick Ulwick, Kramon & Graham, Baltimore, Maryland; Amelia Toy Rudolph, Sutherland, Asbill & Brennan, Atlanta, Georgia, for Appellees. ON BRIEF: Daniel E. Cohen, Cullen Law Firm, P.L.L.C., Washington, D.C., for Appellant. Melissa H. Maxman, Baker & Hostetler, L.L.P., Washington, D.C., for Appellees North American Bus Industries, Incorporated and North American Bus Industries, Kft. Mike Bothwell, Sara Vann, Bothwell & Harris, P.C., Roswell, Georgia; James W. Moorman, Joseph E.B. White, Taxpayers Against Fraud Education Fund, Washington, D.C., for Amicus Supporting Appellant.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Senior Judge HAMILTON and Senior Judge CACHERIS joined.

OPINION

WILKINSON, Circuit Judge:

This appeal arises from a qui tam action under the False Claims Act brought by Thornton G. Sanders against his former employer, North American Bus Industries, Inc. ("NABI"). Sanders alleges that NABI defrauded the United States by underpaying duties on bus frames that NABI imported from Hungary and by falsely certifying that the buses that NABI manufactured using those frames were eligible for federal "Buy America...

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