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                        as a courtesy to the reader. They are not part of the opinion of the court.

113302P.pdf   08/09/2012  USA ex rel. Matt Onnen  v.  Sioux Falls ISD No. 49-5
   U.S. Court of Appeals Case No:  11-3302
                          and No:  11-3848
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Loken, Author, with Wollman and Beam, Circuit Judges]
   Civil Cases - False Claims Act. Grant of summary judgment without
   consideration of subsequently scheduled expert depositions is affirmed,
   as Onnen failed to take any action in the district court to defer its ruling
   until the depositions were filed. Claim that district court refused to rule
   of immunity claim is frivolous. As presented by the government's
   amicus argument, the district court's alternate ruling that FCA actions
   based on Title IV of the Higher Education Act are precluded is rejected. 
   The district court did not abuse its discretion in denying attorneys fees.