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U.S. EX REL. DeCARLO v. KIEWIT

94 Civ. 5741 (SWK).

937 F.Supp. 1039 (1996)

UNITED STATES ex rel. and Philip DeCARLO, Plaintiffs, v. KIEWIT/AFC ENTERPRISES, INC., a Joint Venture, Kiewit Eastern Co. and AFC Enterprises, Inc., Defendants.

United States District Court, S.D. New York.

August 22, 1996.

Attorney(s) appearing for the Case

Blodnick Abramowitz & Blodnick by Edward K. Blodnick, Michael T. Rogers, Roslyn Heights, New York, for Plaintiffs.

Dwyer, Kinburn & Hall by Daniel Kinburn, Terrence Dwyer, Totowa, New Jersey, for Defendants.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

In this qui tam action alleging various violations of the False Claims Act, 31 U.S.C. § 3729, et seq. (the "False Claims Act" or the "Act"), defendants Kiewit/AFC Enterprises, Inc., Kiewit Eastern Co. and AFC Enterprises, Inc. (collectively, "Kiewit"), move, pursuant to Federal Rules of Civil Procedure 9(b), 12(b)(1), 12(b)(6) and 56(b),1 to dismiss the complaint...

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