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UNITED STATES v. MILTON MARKS CORPORATION

No. 11909.

240 F.2d 838 (1957)

UNITED STATES of America v. MILTON MARKS CORPORATION, Appellant.

United States Court of Appeals Third Circuit.

Decided January 31, 1957.

Attorney(s) appearing for the Case

Abraham Fishkin, Pittsburgh, Pa. (Frank Reich, Pittsburgh, Pa., on the brief), for appellant.

Hubert S. Teitelbaum, Asst. U. S. Atty., Pittsburgh, Pa. (D. Malcolm Anderson, Jr., U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

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

HASTIE, Circuit Judge.

Milton Marks Corporation is here appealing its conviction and sentence to pay a $5,000.00 fine for violating the False Claims Act.1 A jury found the corporation guilty of presenting to the United States a fraudulent claim for payment in connection with the sale of a quantity of carbine cartridge clips to the government. On this appeal the principal contention of the corporation is that it was entitled to a judgment...

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