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UNITED STATES v. WITHERSPOON

No. 11880.

211 F.2d 858 (1954)

UNITED STATES v. WITHERSPOON.

United States Court of Appeals Sixth Circuit.

March 22, 1954.

Attorney(s) appearing for the Case

Melvin Richter, Washington, D. C. (Warren E. Burger, Paul E. Sweeney, Marvin C. Taylor, Herman Marcuse, Washington, D. C., John H. Reddy, Chattanooga, Tenn., Ferdinand Powell, Jr., Knoxville, Tenn., on the brief), for appellant.

Clyde W. Key, Knoxville, Tenn., for appellee.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.

McALLISTER, Circuit Judge.

The government brought suit against appellee under the provisions of the Surplus Property Act1 to recover damages for the fraudulent conduct of appellee in procuring surplus property from the War Assets Administration by the use of "Certificates of Veteran's Preference" unlawfully acquired from war veterans who were entitled to such certificates. Appellee moved to dismiss the government's complaint on the ground...

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