Capital Engineering & Manufacturing Co. v. United States

MEMORANDUM OPINION

LYDON, Senior Judge.

This government contract case comes before the court on the motion of plaintiff, Capital Engineering and Manufacturing Company (Capital), to dismiss count I of defendant’s six counterclaims, and to stay the remaining proceedings in this court pending the outcome of a jury trial on defendant’s counterclaim in a court of competent jurisdiction. Defendant brings count I of its counterclaims under the False Claims Act (FCA), 31 U.S.C. § 3729(a)(1), whereby defendant alleges that plaintiff has presented false, fictitious or fraudulent claims for payment to the…