United States of America, Ex Rel. Mary L. Holmes, and United States of America, Movant-Appellee v. Consumer Insurance Group John R. Hightower

BRISCOE, Circuit Judge.

Relator Mary L. Holmes appeals the district court’s dismissal, for lack -of subject matter jurisdiction, of her claims under the False Claims Act (FCA), 31 U.S.C. §§ 3729-33. A divided panel of this court affirmed the district court’s judgment. See United States ex rel. Holmes v. Consumer Ins. Group, 279 F.3d 1245 (10th Cir.2002). This court subsequently granted rehearing en bane. Upon rehearing, we vacate our prior opinion in this case, reverse the judgment of the district court, and remand for further proceedings.

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Since 1985, Holmes has served as the postmaster in…