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United States v. Praxair, Inc.

ELR Citation: 34 ELR 20138
Nos. Nos. 01-1213, -1242, (10th Cir., 11/15/2004)

The Tenth Circuit upheld the dismissal of an individual's qui tam action under the False Claims Act (FCA) against a company for allegedly presenting false valuations of royalties owed for carbon dioxide production. Although the individual's complaint is based on a publicly disclosed transaction, the character of his discovery and investigation is insufficient to qualify him as an original source. Thus, he failed to establish subject matter jurisdiction under the FCA. The case, however, was remanded on the issue of attorney fees.