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MOORE v. UNITED STATES

No. 19435.

347 F.2d 942 (1965)

Earl Edward MOORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 25, 1965.

Attorney(s) appearing for the Case

Ned R. Nelsen, Richard M. Moore, Cooper & Nelsen, Los Angeles, Cal., for appellant.

Thomas R. Sheridan, U. S. Atty., Richard A. Murphy, Asst. U. S. Atty., Chief, Crim. Sec., John A. Mitchell, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before MERRILL, DUNIWAY and ELY, Circuit Judges.

MERRILL, Circuit Judge:

This appeal is from conviction of a violation of what is commonly referred to as the "Anti-Kickback Act," Title 41 U.S.C. §§ 51-54.

Section 51 prohibits payment of compensation or gratuities of any kind "directly or indirectly, by or on behalf of a subcontractor, as defined in section 52," to (among others) any agent or employee of a prime contractor holding a contract with the Government for the furnishing of services or...

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