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UNITED STATES v. RIDGLEA STATE BANK

Nos. 21841, 21842.

357 F.2d 495 (1966)

UNITED STATES of America, Appellant, v. RIDGLEA STATE BANK et al., Appellees. UNITED STATES of America, Appellant, v. BANK OF COMMERCE et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 14, 1966.

Attorney(s) appearing for the Case

John C. Eldridge, Morton Hollander, Attys., Dept. of Justice, Washington, D. C., Stan McMurry, Asst. U. S. Atty., Fort Worth, Tex., John W. Douglas, Asst. Atty. Gen., Melvin M. Diggs, U. S. Atty., Barefoot Sanders, U. S. Atty., for appellant.

Loren Q. Hanson, Thompson, Walker Smith & Shannon, Forth Worth, Tex., for appellee Ridglea State Bank.

Chester G. Ball, Harris, Ball & Davis, Arlington, Tex., for appellee Bank of Commerce.

Before RIVES, BROWN and MOORE, Circuit Judges.

MOORE, Circuit Judge:

In these cases the United States seeks to hold two banks, Ridglea State Bank (Ridglea) and Bank of Commerce (Commerce), liable under the False Claims Act1 for the dishonesty of a former employee of both banks. The trial court held neither bank liable. We affirm in part and reverse and remand in part.

The cases arise as the result of fraudulent conduct by Jack Donald Hubbard, assisted by certain confederates...

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