UNITED STATES ex rel. Scott Rose; Mary Aquino; Mitchell Nelson; Lucy Stearns, Plaintiffs-Appellees,
v.
STEPHENS INSTITUTE, dba Academy of Art University, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 6, 2017 — San Francisco, California.
Charles W. Scarborough (argued) and Michael S. Raab , Appellate Staff; Chad A. Readler , Acting Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Amicus Curiae United States of America.
Claire M. Sylvia , Phillips & Cohen LLP, San Francisco, California; Jacklyn N. DeMar , Taxpayers Against Fraud Education Fund, Washington, D.C.; Jennifer M. Verkamp , Morgan Verkamp LLC, Cincinnati, Ohio; for Amicus Curiae Taxpayers Against Fraud Education Fund.
Brandon J. Mark , Parsons Behle & Latimer, Salt Lake City, Utah, for Amicus Curiae Veterans Education Success.
Before: Susan P. Graber and N. Randy Smith, Circuit Judges, and Jennifer G. Zipps, District Judge.
OPINION
GRABER, Circuit Judge:
This qui tam action, brought under the False Claims Act, comes to us on interlocutory appeal from the district court's denial of summary judgment so that we can settle questions of law posed in the wake of Universal Health Services, Inc. v. United States ex rel. Escobar, ___ U.S. ___,
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