United States v. Covington Technologies Company

967 F.2d 1391 61 USLW 2048 , 23 Fed.R.Serv.3d 56 , 38 Cont.Cas.Fed. (CCH) P 76,352 UNITED STATES of America, ex rel., Thomas McGOUGH, and William Toth, in their own behalf, Plaintiff-Appellant, v. COVINGTON TECHNOLOGIES COMPANY, d/b/a Covington Constructors; S.L.S. Construction Company, d/b/a Pacific Construction Company, and Industrial Indemnity, Defendants-Appellees. No. 91-55306. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1992. Decided June 24, 1992. Russell B. Kinner, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant. Michael T. Lowe, Costa Mesa, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before: PREGERSON, D.W. NELSON and THOMPSON, Circuit Judges. DAVID R. THOMPSON, Circuit Judge: OVERVIEW 1 This action was brought by individuals acting as qui tam plaintiffs on behalf of the United States under the False Claims Act, 31 U.S.C. §§ 3729-3733 . The government initially declined to take over the action, as authorized by 31 U.S.C. § 3730 (b)(2)-(4). 2 During the trial and despite the government's objection, the district court approved a…