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Argued March 4, 2002

Concurring opinion filed by Circuit Judge Randolph.

Suspecting that his employer, the National Railroad Passenger Corporation (“Amtrak”) was being defrauded by two companies with whom it had contracted to supply new rail cars with improved toilet systems, Edward Totten brought an action against these companies under the False Claims Act (“FCA”), 31 U.S.C. ss 3729-3733 (1994). The District Court dismissed his suit, holding that, pursuant to a recent amendment to Amtrak’s governing statute, the FCA could not be invoked with respect to federal money invested in the railroad. Totten now appeals this decision, and in so doing presents us with an issue of first impression regarding the extent to which doing business with Amtrak immunizes contractors from FCA liability.

 
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