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U.S. DEPT. OF TRANSPORTATION, EX REL. ARNOLD v. CMC ENGINEERING

No. 07-1617.

564 F.3d 673 (2009)

THE UNITED STATES DEPARTMENT OF TRANSPORTATION, ex rel. August W. ARNOLD, an individual v. CMC ENGINEERING; Erdman Anthony Associates, Inc.; L. Robert Kimball & Associates; M.A. Beech; Mackin Engineering; McTish, Kunkel & Associates; Michael Baker, Jr., Inc; SAI Consulting Engineers, Inc; VE Engineering, Inc. August W. Arnold, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 5, 2009.

Attorney(s) appearing for the Case

Jon Pushinsky, (Argued), Pittsburgh, PA, Attorney for Appellant.

Efrem M. Grail, (Argued), Colin E. Wrabley, Reed Smith LLP, Pittsburgh, PA, Attorneys for Appellee Michael Baker, Jr., Inc.

John G. Ebken, (Argued), Eugene A. Giotto, John R. Leathers, Buchanan, Ingersoll, & Rooney PC, Pittsburgh, PA, Attorneys for Appellee L. Robert Kimball & Associates, Inc.

Jonathan K. Hollin, (Argued), Paul A. Logan, Powell, Trachtman, Logan, Carrle and Lombardo, P.C., King of Prussia, PA, Attorneys for CMC Engineering and Erdman Anthony Associates, Inc.

Ira L. Podheiser, Burns, White & Hickton, LLC, Pittsburgh, PA, Attorneys for Mackin Engineering, Inc.

Bradford Dorrance, Keefer Wood Allen & Rahal, LLP, Harrisburg, PA, Attorney for VE Engineering, Inc.

Steven D. Irwin, David V. Weicht, Leech Tishman Fiscaldo & Lampl, LLC, Pittsburgh, PA, Attorneys for McTish, Kunkel & Associates.

James R. Hanke, Beverly A. Block, Sherrard, German & Kelly, P.C., Pittsburgh, PA, Attorneys for SAI Consulting Engineers, Inc.

Jason M. Yarbrough, Thomas A. Berret, Jessica R. Quinn-Hogan, Meyer, Unkovic & Scott, Pittsburgh, PA, Attorneys for M.A. Beech.

Charles W. Scarborough, (Argued), Thomas M. Bondy, Amy Easton, Washington, D.C., Amicus Curiae for the Court.

Before: FUENTES and FISHER, Circuit Judges and PADOVA, District Judge.

OPINION OF THE COURT

FUENTES, Circuit Judge:

In this qui tam action, filed by August Arnold, the Relator alleges that the Defendants, consultants who provided services to the Pennsylvania Department of Transportation ("PennDOT"), falsified their credentials to qualify for higher pay rates. Arnold contends that, as a result, the consultants defrauded the federal government, which funded the contracts at issue,

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