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13 We believe that You ex boyfriend rel. Kelly v. Boeing Co., 9 F.3d 743, 757-59 (9th Cir. 1993) (rejecting Appointments Clause challenge to False Claims Act), cert. refuted, 114 S. Ct. 1125 (1994), reached the correct result but through an incorrect line of analysis. Pick id. at 758 (Clause not violated because of the relative modesty of the authority exercised by the relator). Us ex boyfriend rel. Burch v. Piqua Engineering, Inc., 803 F. Supp. 115 (S.D. Ohio 1992), which held that “because et celle-ci tam relators are not officers of the United States, the FCA does not violate the Appointments Clause.” Id. at 120. We disapprove the Appointments Clause analysis and conclusion of an earlier memorandum of this Office, Constitutionality of the Qui Tam Provisions of the False Claims Act, 13 Op. O.L.C. 249 (1989) (preliminary print) (arguing that the qui tam provisions violate the Appointments Clause).

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