SANBORN, Circuit Judge.
The Government has appealed from a judgment dismissing an action brought by it under Sections 3490 to 3492, inclusive, of 31 U.S.C., 1940 Ed., § 231-233, the Revised Statutes of the United States, 31 U.S.C.A. §§ 231-233, to recover from the defendant (appellee) the forfeitures and double damages prescribed by Section 3490 for the commission of any of the acts prohibited by Section 5438 of the Revised Statutes, 18 U.S.C., 1940...
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