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U.S. EX REL. DUXBURY v. ORTHO BIOTECH PRODUCTS

Civil Action No. 03-12189-RWZ.

551 F.Supp.2d 100 (2008)

UNITED STATES of America ex rel. Mark Eugene DUXBURY and Dean McClellan v. ORTHO BIOTECH PRODUCTS, L.P.

United States District Court, D. Massachusetts.

January 25, 2008.

Attorney(s) appearing for the Case

Patricia M. Connolly, Sara M. Bloom, United States Attorney's Office, Boston, MA, Jan R. Schlichtmann, Jan R. Schlichtmann, Attorney at Law, PC, Prides Crossing, MA, Kathleen C. Chavez, Chavez Law Firm PC, Robert M. Foote, Foote Meyers Miekle & Flowers LLC, Geneva, IL, Paul E. Simmerly, Herman, Recor, Araki, Kaufman, Simmerly & Jackson P.L.L.C, Bellevue, WA, for United States of America and Mark Eugene Duxbury.

Ethan M. Posner, Geoffrey E. Hobart, Rebecca Rohr, Covington & Burling LLP, Washington, DC, for Ortho Biotech Products, L.P.

MEMORANDUM OF DECISION AND ORDER

ZOBEL, District Judge.

Relators Mark Duxbury ("Duxbury") and Dean McClellan ("McClellan") (collectively, "Relators") have filed this action against defendant Ortho Biotech Products, L.P. ("OBP") under the qui tarn provisions of the False Claims Act ("FCA"), 31 U.S.C. § 3730, which permits a private person to file an action on behalf of the United States. The case is before me on defendant's motion to dismiss...

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