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UNITED STATES v. BROWN

No. 7965.

274 F.2d 107 (1960)

UNITED STATES of America, Appellant, v. David J. BROWN and Liston Judge, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 4, 1960.

Attorney(s) appearing for the Case

Mark R. Joelson, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Julian T. Gaskill, U. S. Atty., and Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., on brief), for appellant.

No appearance and no brief for appellees.

Before SOPER and HAYNSWORTH, Circuit Judges, and THOMSEN, District Judge.

HAYNSWORTH, Circuit Judge.

In this action for civil penalties under the False Claims Act,1 the District Court, influenced by the disparity between the amount of the mandatory penalty and the amount of the claims, entered judgment for the defendants upon the ground their claims were not presented directly to Commodity Credit Corporation. Under the scheme by which price supports are extended to tobacco, the farmers' claims of the support...

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