United States v. Paul B. Murphy

MILBURN, Circuit Judge.

Defendant-appellant Paul B. Murphy appeals the summary judgment granted in favor of plaintiff-appellee the United States of America in this civil action filed under the False Claims Act, 31 U.S.C. §§ 3729-3733, to recover for the rigging of bids submitted by electrical contractors on the Moccasin Bend Wastewater Treatment project in Chattanooga, Tennessee. For the reasons that follow, we reverse.

I

After one attempt to appeal was dismissed by this court on November 3, 1989, Murphy perfected a timely appeal follow*1034ing the denial of a timely motion for reconsideration by the…