UNITED STATES v. PRIOLA

No. 17702.

272 F.2d 589 (1959)

UNITED STATES of America, Appellant, v. Virginia PRIOLA, Appellee.

United States Court of Appeals Fifth Circuit.

December 8, 1959.


Attorney(s) appearing for the Case

Lionel Kestenbaum, Peter H. Schiff, William A. Montgomery, Alan S. Rosenthal, Dept. of Justice, Washington, D. C., W. L. Longshore, U. S. Atty., Birmingham, Ala., George Cochran Doub, Asst. Atty. Gen., for appellant.

Winston B. McCall, William S. Pritchard, Birmingham, Ala., Pritchard, McCall & Jones, Birmingham, Ala., of counsel, for appellee.

Before RIVES, Chief Judge, and BROWN and WISDOM, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

Involved here are questions under the False Claims Act, R.S. 3490, 5438, 31 U.S.C.A. § 231. The Government appeals from the entry of a j. n. o. v., F.R.Civ.P. 50, 28 U.S.C.A., in favor of the appellee, Virginia Priola, in disregard of an adverse jury verdict. Virginia justifies the judgment on two grounds. First, there was insufficient evidence showing that she knowingly submitted a false claim or participated in a...

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