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UNITED STATES v. FOSTER WHEELER CORPORATION

No. 927, Docket 35587.

447 F.2d 100 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. FOSTER WHEELER CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 2, 1971.

Attorney(s) appearing for the Case

Leo T. Kissam, New York City (Kissam & Halpin, New York City, Anthony S. Genovese and Michael F. Fitzgerald, New York City, of counsel), for defendant-appellant.

David M. Brodsky, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, New York City and T. Gorman Reilly, Asst. U. S. Atty., of counsel), for plaintiff-appellee.

Before MOORE and KAUFMAN, Circuit Judges, and TIMBERS, District Judge.

MOORE, Circuit Judge:

Foster Wheeler Corporation (FW) appeals from a judgment against it and in favor of the United States of America in the amount of $357,743.40, rendered after a non-jury trial. The judgment was based upon seven invoice payments by the United States to FW under a contract negotiated between the parties in which fraudulent figures were allegedly furnished and fraudulent representations were allegedly made by FW. The action was brought under the False...

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