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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 8

Citation
Section 8
Parent Document
United States v. Southland Management Corp., 326 F.3d 669 (2002)
Effective Date
2002-05-22

Other Sections in This Document (1123)

Full Text

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to actions brought by the government, the provision was contained
within a section of the statute specifically addressing the
procedural requirements for qui tam actions. See generally 31
U.S.C. § 232 (1976) (entitled “Procedure for private claims”).
This jurisdictional bar was subsequently eliminated in the 1986
amendments. For the purposes of the instant case, we note that
this prohibition was never applicable to actions initiated by the
government. See 31 U.S.C. § 3730(b)(4) (1982) (“Unless the
Government proceeds with the action, the court shall dismiss an
action brought by the person on discovering the action is based
on information the Government had when the action was brought.”)
(emphasis added).