Legal Opinion

United States of America Ex Rel. David P. Weinberger, and David P. Weinberger, Esq., Individually v. Equifax, Inc. (Formerly Retail Credit Company)

Court of Appeals for the Fifth Circuit

Decided August 12, 1977No. 75-3491PublishedCited by 118 opinions

1Opinion of the Court

GEE, Circuit Judge;

In this appeal we review the district court’s dismissal of plaintiff Weinberger’s action, pursuant to Federal Rule 12(b)(6), for lack of standing and failure to state a claim. By his suit, Weinberger sought a declaratory judgment that government employment of Equifax, Inc. (formerly Retail Credit Co.) to provide information on prospective government employees violated the Anti-Pinkerton Act, 5 U.S.C. § 3108 (1970). 1 Weinberger also alleged that Equifax’s billing of the United States for services performed violated the False Claims Act, 31 U.S.C. §§ 231-32 (1970), 2…

2Cases cited13 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
  3. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
  4. Mitsui Shintaku Ginko K. K., Tokyo v. DodgeSupreme Court of the United States · 1976
  5. United States v. McNinchSupreme Court of the United States · 1958

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3Cited by118 opinions

  1. Edwin P. Harrison, and United States of America, Party in Interest v. Westinghouse Savannah River CompanyCourt of Appeals for the Fourth Circuit · 1999
  2. United States Ex Rel. Willard v. Humana Health Plan of Texas Inc.Court of Appeals for the Fifth Circuit · 2003
  3. United States Ex Rel. James M. Thompson v. Columbia/hca Healthcare CorporationCourt of Appeals for the Fifth Circuit · 1998
  4. The Chitimacha Tribe of Louisiana v. Harry L. Laws Company, Inc.Court of Appeals for the Fifth Circuit · 1982
  5. United States of America, Ex Rel. Kreindler & Kreindler, Cross-Appellee v. United Technologies Corporation, Cross-AppellantCourt of Appeals for the Second Circuit · 1993

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