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U.S. EX REL. SHUTT v. COMMUNITY HOME AND HEALTH CARE SERVICES

No. 07-56060.

550 F.3d 764 (2008)

UNITED STATES of America, ex rel., Jody SHUTT, Plaintiffs-Appellees, v. COMMUNITY HOME AND HEALTH CARE SERVICES, INC., a California corporation; Nida M. Campanilla, an individual, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

December 16, 2008.

Attorney(s) appearing for the Case

Jeffrey A. Clair (presented argument and authored brief), United States Department of Justice, Washington, D.C., for the plaintiffs-appellees.

Eric Olson (presented argument) and John M. Gantus (authored brief), John M. Gantus & Associates, Glendale, CA, for the defendants-appellants.

Before: MYRON H. BRIGHT, STEPHEN S. TROTT, and HAWKINS, Circuit Judges.

HAWKINS, Circuit Judge:

Facing a question of first impression, we conclude that an order granting summary judgment is final and appealable under 28 U.S.C. § 1291 even though the district court retained jurisdiction over a pending claim by a qui tam relator for a share of the award under the False Claims Act ("FCA"), 31 U.S.C. § 3730(d).1

FACTS

Relator Jody Shutt originated this FCA action against Nida Campanilla...

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