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U.S. EX REL. VAUGHN v. UNITED BIOLOGICS, L.L.C.

No. 17-20389.

903 F.3d 472 (2018)

UNITED STATES of America, EX REL. Michael VAUGHN; Theodore Freeman; William McKenna; Wesley Stafford, Plaintiffs-Appellees v. UNITED BIOLOGICS, L.L.C., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED September 7, 2018.

Attorney(s) appearing for the Case

Patrick J. O'Connell , Law Offices of Patrick J. O'Connell, Austin, TX, Kurt Howard Kuhn , Kuhn Hobbs, P.L.L.C., Austin, TX, for Plaintiffs-Appellees.

Ronald Casey Low , Benjamin L. Bernell, Esq. , Dillon James Ferguson , Elizabeth Kozlow Marcum , Joshua Timothy Wackerly , Pillsbury Winthrop Shaw Pittman, L.L.P., Austin, TX, for Defendants-Appellants.

Sushma Soni , Charles Wylie Scarborough , U.S. Department of Justice Civil Division, Appellate Section, Washington, DC, for Amicus Curiae.

Before CLEMENT, HIGGINSON, and HO, Circuit Judges.

The plaintiffs-relators initiated a qui tam action under the False Claims Act ("FCA"), Anti-Kickback Statute, and related state statutes, suing on behalf of the United States, the District of Columbia, and twelve states. The Government tarried in deciding whether to intervene, but eventually demurred, leaving...

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