Kessler v. Sigma Coatings BV, (5th Cir. 2009)
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 10, 2009
No. 08-30734 Charles R. Fulbruge III
Clerk
United States of America, ex rel, PHILIPP J KESSLER
Plaintiff - Appellant-Cross-Appellee
v.
SIGMA COATINGS USA BV
Defendant - Appellee-Cross-Appellant
Appeals from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:03-CV-2378
Before WIENER, GARZA, and ELROD, Circuit Judges.
PER CURIAM:* Plaintiff-Appellant-Cross-Appellee Phillip J. Kessler appeals the district court's ruling against him on his False Claims Act allegations that Defendant- Appellee-Cross-Appellant Sigma Coatings USA BV ("Sigma") defrauded the United States by "systematically overcharging" the Navy for its marine coating products. Sigma cross-appeals the district court's denial of its request for attorneys' fees. Having heard the arguments of opposing counsel and having * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. reviewed the record on appeal and the applicable law, we perceive no reversible error in the district court's rulings. Therefore, the judgment of that court is, in all respects, AFFIRMED.
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