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UNITED STATES v. STROCK

Docket No. 19-4331 August Term, 2020.

982 F.3d 51 (2020)

UNITED STATES of America, Appellant, v. Lee STROCK, Cynthia Ann Golde, Strock Contracting, Inc., Defendants-Appellees, Kenneth Carter, Defendant.

United States Court of Appeals, Second Circuit.

Decided: December 3, 2020.

Attorney(s) appearing for the Case

Charles W. Scarborough , Appellate Staff Attorney, for Joseph H. Hunt , Assistant Attorney General, James P. Kennedy , United States Attorney for the Western District of New York, Buffalo, NY, for Appellant.

Robert C. Singer, Esq. , Singer Legal PLLC, Williamsville, NY, for Defendants-Appellees Lee Strock and Strock Contracting, Inc.

Reetuparna Dutta, Esq. ( David A. Short , on the brief), Hodgson Russ LLP, Buffalo, NY for Defendant-Appellee Cynthia Ann Golde.

Before: Calabresi, Katzmann, and Carney, Circuit Judges.

This case calls upon us to address the materiality inquiry under the False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq., in light of Universal Health Services, Inc. v. United States ex rel. Escobar, ___ U.S. ___, 136 S.Ct. 1989, 195 L.Ed.2d 348 (2016).

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