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UNITED STATES v. BORTH

No. 6037.

266 F.2d 521 (1959)

UNITED STATES of America, Appellant, v. James Howard BORTH, Appellee.

United States Court of Appeals Tenth Circuit.

May 7, 1959.

Attorney(s) appearing for the Case

Howard E. Shapiro, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Wilbur G. Leonard, U. S. Atty., Topeka, Kan., and Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., with him on the brief), for appellant.

Vincent L. Bogart, Wichita, Kan. (David J. Wilson, Meade, Kan., and W. D. Jochems, Wichita, Kan., with him on the brief), for appellee.

Before BRATTON, Chief Judge, PICKETT, Circuit Judge, and KNOUS, District Judge.

PICKETT, Circuit Judge.

The United States brought this action to recover damages and the $2,000 statutory forfeiture provided for under the False Claims Act, 31 U.S.C.A. § 231.1 The trial court entered a summary judgment in favor of the defendant. The determinative question presented is whether a false statement of an honorably discharged veteran of the armed services of the United States, made for the purpose of obtaining admission...

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