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U.S. EX REL. DRC, INC. v. CUSTER BATTLES, LLC

No. 1:04CV199.

415 F.Supp.2d 628 (2006)

UNITED STATES of America ex rel. DRC, Inc., et al., Plaintiffs, v. CUSTER BATTLES, LLC, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

February 13, 2006.

Attorney(s) appearing for the Case

Alan Mark Grayson, Mark Robert Mann, Victor A. Kubli, Grayson & Kubli PC, McLean, VA, for Plaintiffs.

Jennifer Jo Illingworth, Porter Wright Morris & Arthur, Albert Lambert, Wiley Rein & Fielding LLP, Washington, DC, for Defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

At issue prior to trial in this qui tam action is whether to grant Relators' request for a jury instruction allowing adverse inferences to be drawn as a result of defendant Joseph Morris' assertions of his Fifth Amendment privilege. Specifically, Relators seek to have the jury instructed that it may draw adverse inferences from defendant Morris' assertion of his Fifth Amendment privilege in refusing...

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