SMITH v. UNITED STATES

No. 18045.

287 F.2d 299 (1961)

W. Kelly SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 8, 1961.


Attorney(s) appearing for the Case

Alto V. Watson, Beaumont, Tex., Watson & Selman, Beaumont, Tex., of counsel, for appellant.

Anthony Mondello, Samuel D. Slade, Seymour Farber, Morton Hollander, Attys. Dept. of Justice, Washington, D. C., Paul N. Brown, U. S. Atty., Tyler, Tex., George Cochran Doub, Asst. Atty. Gen., for appellee.

Before TUTTLE, Chief Judge, and JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

After a trial without a jury the District Court held that Smith, Executive Director of a governmental housing project was liable under the False Claims Act, 31 U.S.C.A. § 231, to repay the Government double the amount of the payments wrongfully received plus the further statutory penalty of $2,000 for each of the two false claims. Three contentions are now pressed. First, the evidence was not sufficient to sustain the basic finding...

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