United States Fifth Circuit
Sealed Appellant v. Sealed Appellee, 04-11173
Dismissal of a suit against a corporation under qui tam provisions of the False Claims Act for failure timely to serve process and to prosecute is affirmed where the requisite factors for Rule 41(b) dismissal and at least two aggravating factors supported the dismissal of claims which would be barred by the applicable statute of limitations.
Appellate Information
- Decided 06/12/2006
- Published 06/12/2006
Judges
- JERRY E. SMITH, Circuit Judge:, Before SMITH, GARZA and OWEN, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Mark Steven Werbner, Eric Donovan Pearson, Sayles, Lidji & Werbner, Dallas, TX, for Plaintiff-Appellant.
- For Appellees:
- Barry Frank McNeil, Sarah Rae Teachout, Haynes & Boone, Dallas, TX, for Defendant-Appellee.