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U.S. EX REL. BAHRANI v. CONAGRA, INC.

Nos. 09-1163, 09-1180, 09-1388.

624 F.3d 1275 (2010)

UNITED STATES of America, ex rel. Ali BAHRANI, Plaintiff-Appellant and Cross-Appellee, v. CONAGRA, INC.; ConAgra Hide Division; ConAgra Beef Companies; Monfort, Inc., Defendants-Appellees and Cross-Appellants. United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

October 26, 2010.

Attorney(s) appearing for the Case

George Bryan Ulmer, III , ( Larissa A. McCalla with him on the briefs), of The Spence Law Firm, LLC, Jackson, WY, for Plaintiff-Appellant and Cross-Appellee.

Patricia C. Campbell , ( Darrell G. Waas with her on the briefs), of Waas Campbell Rivera LLP, Denver, CO, for Defendants-Appellees and Cross-Appellants.

Michael D. Granston , Attorney, Department of Justice, Washington, D.C., ( Tony West , Assistant Attorney General; David M. Gaouette , United States Attorney; Douglas N. Letter and Nicholas Bagley , Attorneys, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., with him on the brief), for Amicus Curiae.

Before BRISCOE, Chief Judge, BALDOCK, and TYMKOVICH, Circuit Judges.

BRISCOE, Chief Judge.

Plaintiff Ali Bahrani filed this action under the reverse false claims provision of the False Claims Act (FCA), 31 U.S.C. § 3729(a)(7), alleging that defendants ConAgra, Inc., ConAgra Hide Division, ConAgra Beef Company, and Monfort, Inc. (collectively ConAgra or defendants) altered thousands of beef and hide export certificates issued by the United States Department of Agriculture (USDA), rather than obtaining replacement certificates,...

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