United States Ninth Circuit

District court erred in concluding that defendant is immune from suit for any false claims submitted to the Federal Emergency Management Agency in its capacity as a construction management firm for the California State University at Northridge; it is a private corporation and was not acting as an arm of the state for sovereign immunity purposes. Summary judgment cannot be affirmed on alternate grounds.

Appellate Information

• Argued 12/03/2003
• Decided 01/20/2004
• Published 01/20/2004

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before:  HUG, B. FLETCHER, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brian M. Brown,Law Offices of Brian M. Brown, Tustin, CA, for the plaintiffs-appellants., Steve Frank, U.S. Department of Justice, Civil Division, Washington, DC, for the amicus.


• For Appellees:
  
• Kathryn E. White and David C. Scheper, Winston & Strawn, Los Angeles, CA, for the defendants-appellees.