United States of America Ex Rel. Ronald Davis v. Dyna Corporation

17 F.3d 397 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America ex rel. Ronald DAVIS, Plaintiff-Appellee, v. DYNA CORPORATION, Defendant-Appellant. No. 92-56318. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 4, 1994. Decided Feb. 17, 1994. Before: D.W. NELSON, REINHARDT, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Qui tam defendant Dyna Corporation ("Dyna") appeals the district court's denial of attorneys' fees incurred in defending a False Claims Act suit following the government's decision to intervene. The district court dismissed the case with prejudice. Dyna contends that the district court erred in holding that the government's position was substantially justified under the Equal Access to Justice Act. See 28 U.S.C. Sec. 2412 (d)(1)(A). Dyna also requests that the case be remanded to the district court for further proceedings in light of newly discovered evidence. We affirm. 3 Ronald Davis, a former employee of Dyna,…