UNITED STATES v. WESTERN PAC. R. CO.

No. 12723.

190 F.2d 243 (1951)

UNITED STATES ex rel. ROBERTS et al. v. WESTERN PAC. R. CO. et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 23, 1951.


Attorney(s) appearing for the Case

S. Roberts, in propria persona.

C. W. Dooling, San Francisco, Cal. (A. B. Dunne, Dunne, Dunne & Phelps, of counsel), San Francisco, Cal., for appellee.

Before STEPHENS, BONE and POPE, Circuit Judges.


POPE, Circuit Judge.

This was an action brought by the appellant Roberts against the respondent Railroad Company, under those provisions of R.S. 3490, 3491, 3492, 5438, 57 Stat. 608, 31 U.S.C.A. §§ 231-233, 235, which authorizes the bringing of qui tam actions. Appellant sought to recover, on behalf of the United States, income and excess profits taxes of which, it was alleged, the United States was defrauded through the filing of false and fraudulent tax...

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