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UNITED STATES v. MELLON

Nos. 5386-5391.

71 F.2d 1021 (1934)

UNITED STATES of America, on the relation of Albert R. KNIGHT, and Albert R. Knight, on His Own Behalf, Plaintiffs-Appellants, v. William L. MELLON, Defendant-Appellee. SAME v. H. L. STONE. SAME v. Gale R. NUTTY. SAME v. F. A. LEOVY. SAME v. W. J. GUTHRIE. SAME v. George S. DAVISON

Circuit Court of Appeals, Third Circuit.

July 6, 1934.

Attorney(s) appearing for the Case

Wm. A. Gray, of Philadelphia, Pa., and Morris L. Marcus, of Pittsburgh, Pa., for appellants.

William Watson Smith, of Pittsburgh, Pa., R. L. Batts, of Austin, Tex., and Leon E. Hickman and Smith, Buchanan, Scott & Gordon, all of Pittsburgh, Pa., for appellees.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

PER CURIAM.

These are qui tam actions wherein the plaintiff, alleging fraud in the defendants' income tax returns, seeks to recover for the United States and for himself statutory penalties and twice the amount of the alleged unpaid taxes. The defendants interposed statutory demurrers, raising two questions:

(a) Do the statutes of the United States authorize a qui tam action to recover against one who has defrauded the United States by making a false income...

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