UNITED STATES v. TIEGER

No. 11591.

234 F.2d 589 (1956)

UNITED STATES of America, Appellant, v. Martin TIEGER.

United States Court of Appeals Third Circuit.

Decided June 14, 1956.


Attorney(s) appearing for the Case

Anthony L. Mondello, Washington, D. C. (Geo. S. Leonard, Acting Asst. Atty. Gen., Raymond Del Tufo, Jr., U. S. Atty., Newark, N. J., Melvin Richter, Attorney, Department of Justice, Washington, D. C., on the brief), for appellant.

Samuel Voltaggio, Newark, N. J., for appellee.

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


HASTIE, Circuit Judge.

On motion, the district court dismissed for failure to state a cause of action1 certain counts of a complaint wherein the United States sued defendant Tieger for a statutory civil penalty under the False Claims Act. R.S. §§ 3490, 5438, 31 U.S. C. § 231. This appeal2 requires decision whether that which Tieger is alleged to have...

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