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TOEPLEMAN v. UNITED STATES

Nos. 7321, 7333.

263 F.2d 697 (1959)

Frederick L. TOEPLEMAN, Appellant and Cross-Appellee, v. UNITED STATES of America, Appellee and Cross-Appellant. CATO BROS., INCORPORATED, Wilfred R. Cato, William R. Cato, and Magie L. Dunn (nee: Magie L. Stone), Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 23, 1959.

Attorney(s) appearing for the Case

Charles W. Laughlin and A. C. Epps, Richmond, Va. (Christian, Barton, Parker & Boyd, Richmond, Va., on brief) for appellants in No. 7333.

John G. Laughlin, Atty., Dept. of Justice, Washington, D. C., for the U. S. in both cases.

Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and BRYAN, District Judge.

Argued as to No. 7333, and Submitted as to No. 7321, October 17, 1958.

ALBERT V. BRYAN, District Judge.

The Fifth Amendment's due process clause, contend the appellants, bars recovery of the $164,000 and $60,000 claimed in these two cases, respectively, as the aggregate of forfeitures under the False Claims Act,* because of the peculiar circumstances here. This statute exacts $2000, aside from damages, from "every person who makes...

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