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U.S. EX REL. CITYNET, LLC v. GIANATO

No. 18-1575.

962 F.3d 154 (2020)

UNITED STATES EX REL. CITYNET, LLC, Plaintiff-Appellee, v. Jimmy GIANATO, individually; Gale Given, individually, Defendants-Appellants, and Frontier West Virginia, Inc., a West Virginia corporation; Kenneth Arndt, individually; Dana Waldo, individually; Mark Mckenzie, individually, Kelly Goes, individually, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 22, 2020.

Attorney(s) appearing for the Case

ARGUED: Geoffrey A. Cullop , PULLIN, FOWLER, FLANAGAN BROWN & POE, PLLC, Charleston, West Virginia, for Appellants. Benjamin L. Bailey , BAILEY & GLASSER LLP, Charleston, West Virginia, for Appellee. ON BRIEF: Stephen M. Fowler , PULLIN, FOWLER, FLANAGAN BROWN & POE, PLLC, Charleston, West Virginia, for Appellants. Rebecca L. Donnellan-Pomeroy , BAILEY & GLASSER LLP, Charleston, West Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge Wilkinson and Judge Motz joined.

Acting on behalf of the United States, a West Virginia company, Citynet, LLC, commenced this "qui tam" action against West Virginia officials Jimmy Gianato, Gale Given, and others, alleging in nine counts that the defendants defrauded the United States when obtaining federal funding for a program to improve broadband connectivity...

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