UNITED STATES v. RAINWATER

Nos. 15659, 15660.

244 F.2d 27 (1957)

UNITED STATES of America, Appellant, v. R. S. RAINWATER, Sr., Sloan Rainwater, Jr., William Rainwater, as individuals and as partners, d/b/a R. S. Rainwater & Sons, Appellees. UNITED STATES of America, Appellant, v. CITIZENS NATIONAL BANK, Walnut Ridge, Arkansas, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 17, 1957.


Attorney(s) appearing for the Case

Marcus A. Rowden, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Osro Cobb, U. S. Atty., Little Rock, Ark., and Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

Catlett & Henderson, Little Rock, Ark., filed brief for appellees.

Before WOODROUGH, VOGEL and VAN OOSTERHOUT, Circuit Judges.


VOGEL, Circuit Judge.

The United States brought two separate actions under the Federal False Claims Act, §§ 3490-3492 and § 5438 of the Revised Statutes, 31 U.S.C.A. §§ 231-233. Both actions were based on alleged false representations made to the Commodity Credit Corporation for the purpose of obtaining loans on cotton. The cases were consolidated and will be treated jointly. Subsequent to the consolidation the defendants made motions to dismiss...

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