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UNITED STATES v. ASTER

No. 12970.

275 F.2d 281 (1960)

UNITED STATES of America and Jack Aloff, Appellant, v. Jay ASTER, Individually and Trading as Wingate Construction Co., National Surety Corporation and The Crouse-Hinds Co.

United States Court of Appeals Third Circuit.

Decided February 17, 1960.

Attorney(s) appearing for the Case

Claude O. Lanciano, Philadelphia, Pa., for appellant.

Joseph H. Lieberman, Pa., F. Hastings Griffin, Jr., Philadelphia, Pa. (John V. Lovitt, Beechwood & Lovitt, Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This is an appeal from a dismissal of a qui tam or informer's action brought under 31 U.S.C.A. §§ 231, 232, 233 and 235.

The district court found that the essential information upon which the suit was predicated was in the possession of the United States prior to the filing of the suit. Such information was given to the government by the informer who now brings this claim. The court construed Section 232(C) as depriving...

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