Kessler v. Sigma Coatings BV

Filing 920090910

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED September 10, 2009 N o . 08-30734 Charles R. Fulbruge III Clerk U n it e d States of America, ex rel, PHILIPP J KESSLER P la in t iff - Appellant-Cross-Appellee v. S I G M A COATINGS USA BV D e f e n d a n t - Appellee-Cross-Appellant A p p e a ls from the United States District Court fo r the Eastern District of Louisiana U S D C No. 2:03-CV-2378 B e fo r e WIENER, GARZA, and ELROD, Circuit Judges. P E R CURIAM:* P la in t iff-A p p e lla n t -C r o s s -A p p e lle e Phillip J. Kessler appeals the district c o u r t 's ruling against him on his False Claims Act allegations that DefendantA p p e lle e -C r o s s -A p p e lla n t Sigma Coatings USA BV ("Sigma") defrauded the U n it e d States by "systematically overcharging" the Navy for its marine coating p r o d u c ts . Sigma cross-appeals the district court's denial of its request for a tt o r n e y s ' fees. Having heard the arguments of opposing counsel and having Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * No. 08-30734 r e v ie w e d the record on appeal and the applicable law, we perceive no reversible e r r o r in the district court's rulings. Therefore, the judgment of that court is, in a ll respects, A F F IR M E D . 2

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