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U.S., EX REL. SHEA v. CELLCO PARTNERSHIP

No. 12-7133.

748 F.3d 338 (2014)

UNITED STATES of America, ex rel. Stephen M. SHEA, Appellant v. CELLCO PARTNERSHIP, doing Business as Verizon Wireless, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 2014.

Attorney(s) appearing for the Case

Christopher Mead argued the cause for appellant. With him on the briefs was Mark London.

Seth P. Waxman argued the cause for appellees. On the brief were Randolph D. Moss and Brian M. Boynton.

John P. Elwood , Eric A. White , Rachel L. Brand , and Steven P. Lehotsky were on the brief for amicus curiae The Chamber of Commerce of the United States of America in support of appellees.

Opinion concurring in part and dissenting in part filed by Circuit Judge SRINIVASAN.

SENTELLE, Senior Circuit Judge:

Relator Stephen M. Shea, 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 a complaint Shea had earlier filed barred its consideration of this complaint under the first-to-file rule of the federal False Claims Act ("FCA"),...

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