United States ex rel. Vavra v. Kellogg Brown & Root, Inc.

MEMORANDUM AND ORDER

MARCIA A. CRONE, District Judge.

Pending before the court is Defendant Kellogg Brown & Root, Inc.’s (“KBR”) Motion to Dismiss the Complaint of the United States (# 51). KBR seeks dismissal of the United States’ claims pursuant to Federal Rules of Civil Procedure 9(b), 12(b)(1), and 12(b)(6). Having considered the pending motion, the submissions of the parties, the complaint, and the applicable law, the court is of the opinion that KBR’s motion should be GRANTED IN PART and DENIED IN PART.

I. Background

On January 21, 2004, Relators David Vavra and Jerry Hyatt (collectively,…