132759P.pdf   06/27/2014  United States ex rel., etc.  v.  Kansas City Power & Light Co.
   U.S. Court of Appeals Case No:  13-2759
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Benton, Author, with Chief Judge Riley and Kelly, Circuit 
   Judges.] 
   Civil Case - False Claims Act. Relator claimed Kansas City Power and Light 
   Company fraudulently induced GSA to install an all-electric 
   heating-and-cooling system in a federal building, specifically that KDP&L 
   used false projections in costs analysis, fraudulently promised the 
   all-electric rate, and falsely filed certification stating that no 
   gratuities were given. The district court's dismissal of the cost analysis 
   and false rate claims as publicly disclosed by the FOIA request and PSC 
   hearing testimony is affirmed; the information was publically available 
   and relator was not the original source. The relator's reliance on federal 
   acquisition regulations was misplaced and the district court did not err 
   in granting summary judgment on the gratuities claim. The district court 
   did not err or abuse its discretion in denying relator's claims of 
   procedural errors.