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UNITED STATES v. NEIFERT-WHITE COMPANY

No. 20945.

372 F.2d 372 (1967)

UNITED STATES of America, Appellant, v. NEIFERT-WHITE COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

January 20, 1967.

Attorney(s) appearing for the Case

John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Lawrence R. Schneider, Atty., Civil Div., Dept. of Justice, Washington, D.C., Moody Brickett, U. S. Atty., Butte, Mont., for appellant.

Patrick F. Hooks, Townsend, Mont., Michael J. Hughes, George T. Bennett, Helena, Mont., for appellee.

Before CHAMBERS, HAMLEY and DUNIWAY, Circuit Judges.

HAMLEY, Circuit Judge:

The United States brought this action against Neifert-White Company, based upon the civil provisions of the False Claims Act (Act), R.S. §§ 3490 and 5438 (1875), 31 U.S.C. § 231 (1964).1 Defendant answered and moved for judgment on the pleadings. The district court granted the motion and entered a judgment dismissing the action. United States v. Neifert-White Company, D.C. Mont.,

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