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GRYNBERG v. KOCH GATEWAY PIPELINE CO.

No. 02-8108.

390 F.3d 1276 (2004)

Jack J. GRYNBERG, United States ex rel., Plaintiff-Appellant, v. KOCH GATEWAY PIPELINE COMPANY; United Gas Pipeline Company; Koch Hydrocarbon Company; Koch Industries, Inc.; Koch Exploration Co.; Koch Pipeline Company, LP; Mobile Bay Pipeline Company; Koch Oil Company, Defendants-Appellees. United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

December 7, 2004.

Attorney(s) appearing for the Case

Jean E. Dubofsky, Jean E. Dubofsky, P.C., Boulder, CO, (Michael S. Porter, Law Offices of Michael S. Porter, Wheat Ridge, CO, with her on the briefs) for Plaintiff-Appellant.

Mitchell S. Ettinger, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, D.C. (Jennifer L. Spaziano, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA, and Michael A. Ceramella, Koch Industries, Inc., Wichita, KS, with him on the brief) for Defendants-Appellees.

Sharon Swingle, Attorney, Appellate Staff, Department of Justice, Civil Division, Washington, D.C. (Robert D. McCallum, Jr., Assistant Attorney General, Washington, D.C., Matthew H. Mead, United States Attorney, Washington, D.C., and Douglas N. Letter, Attorney, Appellate Staff, Department of Justice, Civil Division, Washington, D.C., with her on the brief) for Amicus Curiae.

Before EBEL, McKAY and LUCERO, Circuit Judges.

EBEL, Circuit Judge.

Relator Jack Grynberg brought this qui tam action under the False Claims Act alleging that the defendants fraudulently measured its natural gas production and thereby underpaid royalties they owed to the United States. The district court dismissed Grynberg's suit pursuant to 31 U.S.C. § 3730(b)(5), the False Claims Act's so-called "first-to-file bar," which prohibits private relators from bringing a related action based on the facts underlying...

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