UNITED STATES v. BROOKS

No. 8933.

154 F.2d 344 (1946)

UNITED STATES ex rel. BAYARSKY v. BROOKS et al.

Circuit Court of Appeals, Third Circuit.

Decided March 7, 1946.


Attorney(s) appearing for the Case

George Arthur Fruit, of Washington, D. C. (Rawlings Ragland, Acting Head, Claims Division, of Washington, D. C., Thorn Lord and Edgar H. Rossbach, U. S. Attys., and Rodger M. Yancey and John F. Sonnett, Asst. U. S. Attys., all of Newark, N. J., and Joseph M. Friedman, Chief, War Frauds Civil Section, Department of Justice, of Washington D. C., on the brief), for appellant.

Thomas McNulty, of Jersey City, N. J. (Milton, McNulty & Augelli, and Collins & Corbin, all of Jersey City, N. J., King & Vogt, of Morristown, N. J., David T. Wilentz, of Perth Amboy, N. J., Peter Cohn, of Paterson, N. J., and Charles J. Molloy, of Newark, N. J., on the brief), for appellee.

Before BIGGS, GOODRICH and McLAUGHLIN, Circuit Judges.


BIGGS, Circuit Judge.

The suit at bar is a qui tam action brought under the False Claims Act, R.S. § 3491, 31 U.S.C.A. § 232. It was filed on January 5, 1942 by the relator, David Bayarsky, on his own behalf and on behalf of the United States. The complaint alleges that the defendants in 1935 and 1936 conspired to defraud the United States by submitting collusive bids, by preventing others from bidding or performing their contracts for the sale of sand and...

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