United States of America Ex Rel., and Jerome F. Butler v. Hughes Helicopters, Inc., and McDonnell Douglas Helicopter Company

ORDER

The memorandum disposition filed October 20,1995, is redesignated as an authored opinion by Judge Booehever.

OPINION

Butler brought an action in 1989 on behalf of the United States under the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733 , alleging that McDonnell Douglas Helicopter Company (“MDHC”) (formerly Hughes Helicopter, Inc.) made false statements and submitted false claims to the United States Army regarding the testing and performance of communications and navigation systems on the Apache Advanced Attack Helicopter (the “Apache”). After a ten-day jury trial, the district court granted a directed verdict in favor of MDHC. Butler appeals, and we affirm.

FACTUAL BACKGROUND

Under contract from the United States Army, MDHC developed, engineered, and produced the Apache. MDHC’s work proceeded in three phases. Phase I, from 1973 to 1976, involved the development of a prototype and a “fly-off’ competition. The Army selected MDHC’s Apache as its new attack helicopter following the competition, and awarded MDHC the contract for the next phase. The Apache procurement was made through the United States Army Aviation Systems Command (“AVSCOM”), with additional technical…