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UNITED STATES v. BROOKS

No. 11046.

210 F.2d 257 (1954)

UNITED STATES ex rel. BAYARSKY v. BROOKS et al.

United States Court of Appeals Third Circuit.

Decided February 1, 1954.

Attorney(s) appearing for the Case

Harry Nadell, Paterson, N. J., for appellant.

E. Leo Backus, Atty., Department of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Grover C. Richman, Jr., U. S. Atty., Newark, N. J., Marvin C. Taylor, Chief, Frauds Section, William M. Lytle, Atty., Department of Justice, Washington, D. C., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

Bayarsky instituted the instant qui tam action on January 5, 1942, under the False Claims Act, enacted March 2, 1863, R.S. § 3491. The Act was amended on December 23, 1943, 57 Stat. 608. See 31 U.S.C.A. § 232. The case has been before us once before on appeal and the facts set out in our earlier opinion need not be repeated here. We reversed an order of the court below abating the suit...

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