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U.S. EX REL. OLIVER v. PHILIP MORRIS USA INC.

No. 13-7105.

763 F.3d 36 (2014)

UNITED STATES of America, ex rel. Anthony OLIVER, Appellant v. PHILIP MORRIS USA INC., A Virginia Corporation Formerly Known as Philip Morris, Inc., Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 2014.

Attorney(s) appearing for the Case

David S. Golub argued the cause for appellant. With him on the briefs were Carl S. Kravitz and Jason M. Knott.

Elizabeth P. Papez argued the cause for appellee. With her on the brief were Eric M. Goldstein , Eric T. Werlinger , and Thomas J. Frederick.

Opinion for the Court filed by Circuit Judge PILLARD.

PILLARD, Circuit Judge:

Anthony Oliver, President and CEO of a tobacco company called Medallion Brands International Co., brought this qui tam action against Philip Morris USA Inc., alleging that Philip Morris violated the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-3733 (2006). Oliver alleges that Philip Morris was required to provide the government with "Most Favored Customer" pricing, but failed to do so, instead selling its product for less to...

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