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U.S. EX REL. BATISTE v. SLM CORP.

No. 10-7140.

659 F.3d 1204 (2011)

UNITED STATES of America, ex rel. Sheldon BATISTE, Appellant v. SLM CORPORATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 4, 2011.

Attorney(s) appearing for the Case

Catherine Y. Hancock , Attorney, U.S. Department of Justice, argued the cause as amicus curiae United States of America in support of appellant. With her on the brief were Tony West , Assistant Attorney General, Ronald C. Machen, Jr. , United States Attorney, and Thomas M. Bondy , Attorney.

Timothy J. Matusheski argued the cause for appellant. With him on the briefs was Tracy D. Rezvani .

Lisa S. Blatt argued the cause for appellee. With her on the brief was R. Reeves Anderson.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

Relator Sheldon Batiste, on behalf of the United States, appeals the district court's dismissal of his qui tam complaint for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). The district court held that an earlier-filed complaint barred its consideration of Batiste's complaint under the first-to-file rule of the federal False Claims Act ("FCA"), 31 U.S.C. ...

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