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U.S. EX REL. KIRK v. SCHINDLER ELEVATOR CORP.

No. 05 Civ. 2917(SHS).

926 F.Supp.2d 510 (2013)

UNITED STATES of America ex rel. Daniel KIRK, Plaintiff, v. SCHINDLER ELEVATOR CORP., Defendant.

United States District Court, S.D. New York.

February 22, 2013.

Attorney(s) appearing for the Case

Jonathan Allen Willens, Jonathan A. Willens, L.L.C., New York, NY, for Plaintiff.

Steven Alan Reiss, Serj Alex Khachaturian, Weil, Gotshal & Manges LLP, New York, NY, for Defendant.

OPINION & ORDER

SIDNEY H. STEIN, District Judge.

Daniel Kirk, proceeding as qui tam relator on behalf of the United States, has alleged that requests by defendant Schindler Elevator Corp. for payment from federal agencies for construction work it performed violated the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-3733. Kirk does not allege that Schindler defrauded the government by requesting payments for work it did not perform. Claims...

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