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U.S. EX REL. ROOP v. HYPOGUARD USA, INC.

No. 07-3781.

559 F.3d 818 (2009)

UNITED STATES ex rel Henry ROOP, Plaintiff-Appellant, v. HYPOGUARD USA, INC., et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 17, 2009.

Attorney(s) appearing for the Case

Francis J. Flynn, argued, Jeffrey J. Lowe, on the brief, St. Louis, MO, for appellant.

Lisa S. Simmons, argued, Chicago, IL, Brent R. Austin and David M. Oppenheim, Chicago, IL, Ryan Marth, Minneapolis, MN, on the brief, for appellees.

Before LOKEN, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.

LOKEN, Chief Judge.

Qui tam relator Henry Roop appeals the dismissal of his complaint alleging that his former employer, Hypoguard USA, Inc., violated the False Claims Act ("FCA"), 31 U.S.C. § 3729(a). Conceding that his initial Complaint failed to plead an FCA claim with the particularity required by Rule 9(b) of the Federal Rules of Civil Procedure, Roop argues that the district court1 abused its discretion by denying him leave...

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