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UNITED STATES v. PERRY

No. 22872.

431 F.2d 1020 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. Mark A. PERRY, Paul S. Anderson, Elwood C. Rork, Metal Inspection Company, Inc., a California corporation, and Metal Inspection and Engineering Company, Inc., a Nevada corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1970.

As Amended on Denial of Rehearing July 21, 1970.

Attorney(s) appearing for the Case

Daniel Joseph (argued), Alan S. Rosenthal, Dept. of Justice, Wm. D. Ruckelshaus, Asst. Atty. Gen., Civil Division, Washington, D. C.; Edwin L. Weisl, Jr., Asst. Atty. Gen., Wm. M. Byrne, Jr., U. S. Atty., Los Angeles, Cal., for appellant.

J. E. Simpson (argued), Eugene M. Elson, Lloyd F. Dunn, Los Angeles, Cal., for appellee.

Before BROWNING, HUFSTEDLER and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The Anti-Kickback Act prohibits "any fee, commission, or compensation of any kind or the granting of any gift or gratuity of any kind, either directly or indirectly," by a subcontractor to any officer, partner, employee, or agent either of a prime contractor holding a negotiated contract with the United States or of a higher tier subcontractor under such a prime contract, when such payments are made "as an inducement for the award...

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