UNITED STATES v. BAUSCH & LOMB OPTICAL CO.

No. 62.

131 F.2d 545 (1942)

UNITED STATES ex rel. BRENSILBER et al. v. BAUSCH & LOMB OPTICAL CO. et al.

Circuit Court of Appeals, Second Circuit.

November 5, 1942.


Attorney(s) appearing for the Case

Samuel Gottlieb and Emanuel Thebner, both of New York City (I. Gainsburg, of New York City, of counsel), for plaintiffs-appellants.

Whitney North Seymour and Simpson, Thacher & Bartlett, all of New York City (Francis X. Fallon, Jr., Florence M. Kelley, and Peter Bentley IV, all of New York City, of counsel), for defendants-appellees Bausch & Lomb Optical Co., M. H. Eisenhart, Carl L. Bausch and Theodore B. Drescher.

Joshua D. Jones, of New York City, and Gifford, Woody, Carter & Hays, of New York City, for Carl Zeiss, Inc.

John T. Cahill, of New York City, amicus curiæ.

Before L. HAND, AUGUSTUS N. HAND and CLARK, Circuit Judges.


PER CURIAM.

The statute, § 231, Title 31 U.S. C.A., applies only when the wrongdoer has "presented * * * any claim * * * knowing such claim to be false, fictitious, or fraudulent." Arguendo we shall assume with the plaintiffs that this language includes more than claims which are not justified under contracts between the claimants and the United States; that it is not limited to claims for goods that have not been delivered, or to claims for goods of a kind not...

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