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UNITED STATES EX REL. SIMMONS v. SMITH

Civ. A. No. 85-0698-H.

629 F.Supp. 124 (1985)

UNITED STATES ex rel SIMMONS, et al, Plaintiffs, v. John H. SMITH, et al., Defendants.

United States District Court, S.D. Alabama.

As Amended August 14, 1985.

Attorney(s) appearing for the Case

Ishmael Jaffree, Joseph E. Carr, IV, Ann E. Taylor, Mobile, Ala., for plaintiffs.

Michael Figures, Thomas H. Figures, Mobile, Ala., for all defendants except Mayor John Smith.

Norman Gale, Jr., Melissa Posey, Mobile, Ala., for defendant Mayor John Smith.

ORDER

HAND, Chief Judge.

This cause is before the Court on defendant John H. Smith's motion to dismiss the complaint for failure to state a claim. This qui tam action is brought under the Federal False Claims Act, 31 U.S.C. § 3729, which allows the United States to recover civil penalties and damages from persons making false claims against the Government. Defendant asserts that the complaint fails to state a claim because no claim was "made...

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