# United States ex rel. Carter v. Halliburton Co.

> Court of Appeals for the Fourth Circuit · July 14, 2015 · 609 F. App'x 159

URL: https://www.frixlaw.com/law-library/cases/8677647

## Case

- **Full name:** UNITED STATES ex rel. Benjamin CARTER v. HALLIBURTON CO Kellogg Brown & Root Services, Inc. Service Employees International, Inc. Kbr, Inc.
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** July 14, 2015
- **Citations:** 609 F. App'x 159
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Agee, Floyd, Wynn
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8677647

## Opinion text

Affirmed by unpublished PER CURIAM order.
ORDER
PER CURIAM:
This case returns to us on remand after the Supreme Court granted Kellogg Brown & Root Services, Inc.’s petition'for certiorari, and reversed in part and. affirmed in part our decision in United States ex rel. Carter v. Halliburton Co., 710 F.3d 171 (4th Cir.2013). The only issue left for resolution is whether Carter timely filed his complaint under the principle of equitable tolling. Appellees-Defen-dants have filed a motion for summary affirmance under Fourth Circuit Local Rule 27(f). Because Carter raised the issue of equitable tolling for the first time in a motion to file a surreply and has not appealed the district court’s denial of that motion, we find that the issue is not properly before us and that equitable tolling is thus unavailable. See ACLU v. Holder, 673 F.3d 245 , 252 n. 5 (4th Cir.2011). Therefore, we grant Appellees-Defen-dants’ motion for summary affirmance and affirm the district court’s judgment.
AFFIRMED.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8677647. Public record. Not legal advice.