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U.S. EX REL. GRUPP v. DHL EXPRESS (USA), INC.

Docket No. 12-3829-cv.

742 F.3d 51 (2014)

The UNITED STATES of America ex rel., Plaintiff, Kevin GRUPP, Robert Moll, Plaintiffs-Appellants, v. DHL EXPRESS (USA), INC., DHL Worldwide Express, Inc., DHL Holdings (USA), Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 5, 2014.

Attorney(s) appearing for the Case

John L. Sinatra, Jr. ( Daniel C. Oliverio , Reetuparna Dutta , on the brief), Hodgson Russ, LLP, Buffalo, NY, for Plaintiffs-Appellants.

Lawrence Vilardo ( Terrence M. Connors , James W. Grable, Jr. , on the brief), Connors & Vilardo, LLP, Buffalo, NY, for Defendants-Appellees.

Michael S. Raab ( Joshura P. Waldman on the brief), Appellate Staff of the Civil Division, for Stuart F. Delery, Principal Deputy Assistant Attorney Genera, U.S. Department of Justice, Washington D.C.; William J. Hochul, Jr. , U.S. Attorney for the Western District of New York, Buffalo, NY, for Amicus Curiae United States of America.

Before: WINTER, CABRANES, and LIVINGSTON, Circuit Judges.

WINTER, Circuit Judge:

Kevin Grupp and Robert Moll appeal from Judge Curtin's order dismissing their qui tam action for failure to satisfy a statutory notice requirement. Appellants commenced this action against DHL Express, Inc. and its parent company DHL Holdings, Inc. (collectively, "DHL") under the False Claims Act, 31 U.S.C. § 3729 et seq., alleging that DHL billed the United States jet-fuel surcharges on shipments that were transported exclusively...

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