United States of America, Ex Rel., Don H. Haycock v. Hughes Aircraft Company

KLEINFELD, Circuit Judge:

Must an appeal in a qui tam case, in which the government has declined intervention, be filed within thirty days or sixty?

Mr. Haycock as relator brought a qui tam action in the name of the United States. See 31 U.S.C. §§ 3729-3733; 10 U.S.C. § 2306. The United States filed a notice of its decision not to intervene in the action. The government may “notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action.” 31 U.S.C. § 3730(b)(4)(B). In that circumstance, the government may…