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UNITED STATES v. PITTMAN

No. 11395.

151 F.2d 851 (1945)

UNITED STATES v. PITTMAN et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 7, 1946.

Attorney(s) appearing for the Case

Francis M. Shea, Asst. Atty. Gen., Rawlings Ragland, Acting Head, Claims Division, Department of Justice, Joseph M. Friedman, Chief, War Frauds Civil Section, and George W. Meuth and J. Gregory Bruce, Attys., Department of Justice, all of Washington, D. C., and Jim C. Smith, U. S. Atty., and William H. Burton, Jr., Asst. U. S. Atty., both of Birmingham, Ala., for appellant.

J. K. Brockman, of Birmingham, Ala., for appellees.

Before SIBLEY and McCORD, Circuit Judges, and KENNAMER, District Judge.

SIBLEY, Circuit Judge.

A qui tam suit under R.S. § 3491, 31 U.S.C.A. § 232, was brought on August 5, 1943, by Charles M. Hewitt as relator in the name of the United States against the appellees. After R.S. § 3491 was amended by the Act of Dec. 23, 1943, 57 Stats. 608, and under the provisions of the amendment, the United States appeared in the suit and asserted a purpose to carry it on. The defendants-appellees moved to dismiss the suit (1) because...

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