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U.S. EX REL. POTEET v. MEDTRONIC, INC.

No. 07-5262.

552 F.3d 503 (2009)

UNITES STATES of America ex rel., Plaintiff-Appellee, Jacqueline Kay POTEET, Relator-Appellant, v. MEDTRONIC, INC. et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 14, 2009.

Attorney(s) appearing for the Case

ARGUED: Andrew R. Carr, Jr., Bateman Gibson, Memphis, Tennessee, for Appellant. Christine N. Kohl, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Andrew R. Carr, Jr., Everett B. Gibson, Bateman Gibson, Memphis, Tennessee, for Appellant. Christine N. Kohl, Douglas N. Letter, United States Department of Justice, Washington, D.C., for Appellee.

CLAY, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. McKEAGUE, J. (p. 520), delivered a separate opinion concurring in the result.

OPINION

CLAY, Circuit Judge.

In this qui tam action, Relator, Jacqueline Kay Poteet ("Poteet"), appeals the district court's dismissal of her complaint, brought pursuant to the False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq. (2000), as jurisdictionally barred by the statute's public disclosure provision, 31 U.S.C. § 3730(e)(4)(A), and first-to-file provision, 31 U.S.C. § 3730(a)(5). In addition to challenging the district...

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