GARDNER, Chief Judge.
This case involves an action to recover forfeitures and damages under the so-called False Claims Act. 31 U.S.C.A. § 231. The appellant will be referred to as defendant.
Defendant was indicted under Section 1001, Title 18 U.S.C.A. So far as here pertinent the civil action is based upon Section 231, Title 31, U.S.C.A. which provides as follows:
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