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U.S. EX REL. GAGNE v. CITY OF WORCESTER

No. 08-1904.

565 F.3d 40 (2009)

UNITED STATES of America ex rel. Edward L. GAGNE and Linda Jeneski, Plaintiffs, Appellants, v. CITY OF WORCESTER; Stephen Willand, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 8, 2009.

Attorney(s) appearing for the Case

Daniel Joseph Shea with whom Daniel J. Shea, P.C. was on brief for appellants.

Janet J. McGuiggan, Assistant City Solicitor, City of Worcester Law Department, for appellees.

Before LYNCH, Chief Judge, FARRIS and BOUDIN, Circuit Judges.

LYNCH, Chief Judge.

This appeal involves the standards for pleading with particularity fraud claims brought under two subsections of the False Claims Act ("FCA") concerned with making false records or statements to get false claims paid and conspiring to defraud the government by getting false claims paid. 31 U.S.C. § 3729(a)(2) and (a)(3).

Plaintiffs mistakenly read the Supreme Court's 2008 opinion in Allison...

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