UNITED STATES v. WEAVER

No. 14476.

207 F.2d 796 (1953)

UNITED STATES v. WEAVER et al.

United States Court of Appeals Fifth Circuit.

November 18, 1953.


Attorney(s) appearing for the Case

Melvin Richter, Atty. Dept. of Justice, Paul A. Sweeney, Atty. Dept. of Justice, Washington, D. C., John D. Hill, U. S. Atty., Birmingham, Ala., Frank M. Johnson, Jr., U. S. Atty., Jasper, Ala., Warren E. Burger, Asst. Atty. Gen., William L. Hogue, Asst. U. S. Atty., Birmingham, Ala., Herman Marcuse, Marvin C. Taylor, Attorneys, Department of Justice, Washington, D. C., of counsel, for appellant.

Manuel Levine, Birmingham, Ala., C. B. Snow, George H. Butler, Jackson, Miss., George J. Thornton, Kosciusko, Miss., Junior O'Mara, Jackson, Miss., Butler, Snow & O'Mara, Jackson, Miss., of counsel, for appellees.

Before HOLMES and RIVES, Circuit Judges, and KENNAMER, District Judge.


HOLMES, Circuit Judge.

This is an action by the United States to recover from the defendants the total sum of $10,000, or $2,000 for each of five separate fraudulent acts allegedly committed by the defendants in obtaining surplus property of the United States. In an opinion reported in 107 F.Supp. 963, the district court upheld the contention that the claim of the United States was barred by the five-years statute of limitations...

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