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UNITED STATES v. LAZY FC RANCH

No. 71-2318.

481 F.2d 985 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. LAZY FC RANCH et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 13, 1973.

Attorney(s) appearing for the Case

Michael H. Stein (argued), L. Patrick Gray, III, Atty. Gen., Dept. of Justice, Washington, D. C., Sidney E. Smith, U. S. Atty., Boise, Idaho, Alan S. Rosenthal, Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Lloyd J. Walker (argued), of Walker & Depew, Twin Falls, Idaho, for defendants-appellees.

Before BROWNING and CHOY, Circuit Judges, and KING, District Judge.

CHOY, Circuit Judge:

The United States brought suit against the Lazy FC Ranch and four of its partners (the Ranch) under the False Claims Act, 31 U.S.C. § 231 to recover money paid by making false claims. In the alternative the government sought to recover for money erroneously paid by mistake of fact or law under 28 U.S.C. § 1345. The district court, 324 F.Supp. 698, granted judgment for the Ranch on both claims. On...

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