DONALD v. UNIVERSITY OF CALIFORNIA BD. OF REGENTS

Nos. 01-17039, 01-17118.

329 F.3d 1040 (2003)

Grace DONALD; Dawn Cooper, Plaintiffs-Appellants, United States of America, Plaintiff-Appellee, v. UNIVERSITY OF CALIFORNIA BOARD OF REGENTS; U.C. Davis Health System; U.C. Davis School of Medicine; University of California Davis Medical, Defendants. United States of America, Plaintiff-Appellee, Debra Krahel; Pamela Medley, MD, Plaintiffs-Appellants, v. The Regents of the University of California, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2003.


Attorney(s) appearing for the Case

Stephen L. Meagher and Lisa A. Foster, Phillips & Cohen, LLP, San Francisco, CA; and Charles J. Stevens, Bradley A. Benbrook, Stevens & O'Connell, LLP, Sacramento, CA, were on the briefs for the plaintiffs-appellants.

Robert D. McCallum, Jr., David W. Shapiro, Michael F. Hertz, Douglas N. Letter, and Alan E. Kleinburd, United States Department of Justice, Washington, DC, were on the briefs for the plaintiff-appellee.

Before STAPLETON, O'SCANNLAIN and FERNANDEZ, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether private individuals are entitled to share in the proceeds from a settlement with the federal government of a qui tam action brought against a state-run hospital system under the False Claims Act.

I

Debra Krahel and Pamela Medley filed a qui tam suit ("Krahel") under the False Claims Act, 31 U.S.C. §§ 3729-3733, ("FCA") in the Northern District of California in May,...

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