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UNITED STATES v. CHEROKEE IMPLEMENT COMPANY

Civ. No. 1319.

216 F.Supp. 374 (1963)

UNITED STATES of America, Plaintiff, v. CHEROKEE IMPLEMENT COMPANY, M. Ben Brosser, Elmer Johnson, and William D. Schmillen, Defendants.

United States District Court N. D. Iowa, Western Division.

March 21, 1963.

Attorney(s) appearing for the Case

Donald E. O'Brien, U. S. Atty., Sioux City, Iowa, for the Government.

Loyal R. Martin, Cherokee, Iowa, and John W. Gleysteen, Robert R. Eidsmoe, Sioux City, Iowa, for defendants.

HANSON, District Judge.

This submission is on a motion by the four defendants to dismiss the action brought against them by the Government under the false claims statute (31 U.S. C.A. §§ 231 & 232) to collect civil penalties. One of the defendants is the Cherokee Implement Company, a corporation, and the other three defendants operate or work for this corporation. It is alleged that M. Ben Brosser, President

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