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  5. 821 F.Supp. 1356 (1993)
 

U.S. EX REL. FINE v. UNIVERSITY OF CALIFORNIA

No. C91-3608-FMS.

821 F.Supp. 1356 (1993)

UNITED STATES of America ex rel. Harold R. FINE, Plaintiffs, v. The UNIVERSITY OF CALIFORNIA and the Board of Regents of the University of California, Defendants.

United States District Court, N.D. California.

April 7, 1993.

Attorney(s) appearing for the Case

Stephen A. Shefler, Asst. U.S. Atty., Stuart M. Gerson, U.S. Attorney's Office; Alan B. Exelrod, San Francisco, CA; Stuart M. Nelkin, Nelkin & Nelkin, P.C., Houston, TX; and Robert Salcido, U.S. Dept. of Justice, Washington, DC, for plaintiffs.

John B. Clark, William D. Hunter, Pettit & Martin, San Francisco, CA; and James E. Holst and, Allen B. Wagner, University of California, Office of the Gen. Counsel, Oakland, CA, for defendants.

ORDER GRANTING MOTION TO DISMISS

FERN M. SMITH, District Judge.

INTRODUCTION

Relator, Harold R. Fine ("Mr. Fine"), brought this qui tam action against the University of California ("University"), alleging violations of the False Claims Act ("FCA"). Defendants filed this motion to dismiss claiming that (1) the Court lacks subject matter jurisdiction to review this case because Mr. Fine's claims are based on information that was publicly disclosed...

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