UNITED STATES of America ex rel. John Dee SPICER, Chapter 7 Trustee, Substituted as Qui Tam Plaintiff and Relator per #122 Order, Trustee for the Bankruptcy Estate of Westbrook Navigator, Plaintiff-Appellant-Appellee,
v.
Clifford WESTBROOK, Qui Tam Plaintiff and Relator, Plaintiff-Appellant,
v.
Navistar Defense, L.L.C., formerly known as International Military & Government, L.L.C.; Navistar, Incorporated; Defiance Metal Products Company; Jerry Bell, Individually, doing business as Bell's Conversions, Incorporated, doing business as Bell's Custom Conversions; and Bell's Conversions, Incorporated, doing business as Bell's Custom Conversions, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
May 5, 2014.
May 5, 2014.
Attorney(s) appearing for the Case
Andrew Grosso (argued), Andrew Grosso & Associates, Washington, DC, Bradley John Davis , Attorney, Davis & Kennedy P.A., Lake Mary, FL, for Plaintiff-Appellant John Dee Spicer, Chapter 7 Trustee, Substituted as Qui Tam Plaintiff and Relator per #122 Order; Trustee for the Bankruptcy Estate of Westbrook Navigator.
David R. Hazelton (argued), Latham & Watkins, L.L.P., Washington, DC, Paul Edward Coggins, Jr. , Locke Lord, L.L.P., Dallas, TX, for Defendant-Appellee Navistar Defense, L.L.C. formerly known as International Military & Government, L.L.C.
Jerry W. Biesel , Attorney, Law Office of Jerry W. Biesel, Dallas, TX, for Defendants-Appellees Jerry Bell, Individually, doing business as Bell's Conversions, Incorporated, doing business as Bell's Custom Conversions and Bell's Conversions, Incorporated, doing business as Bell's Custom Conversions.
Before SMITH, PRADO, and ELROD, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
JENNIFER WALKER ELROD, Circuit Judge:
These appeals require us to examine a lawsuit brought under the False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq., against the backdrop of two bankruptcy proceedings. The district court concluded that John Dee Spicer, the bankruptcy trustee, had exclusive standing to assert the FCA claims at issue because those claims belonged to the bankruptcy estate. The district court later dismissed Spicer's complaint pursuant...
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