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UNITED STATES v. SYSTRON-DONNER CORPORATION

No. 71-1455.

486 F.2d 249 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. SYSTRON-DONNER CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 27, 1973.

Attorney(s) appearing for the Case

Harold C. Nachtrieb (argued), of Miller, Groezinger, Pettit, Evers & Martin, San Francisco, Cal., Lingel H. Winters, Gen. Counsel, Systron-Donner Corp., Concord, Cal., for defendant-appellant.

Walter H. Fleischer (argued), L. Patrick Gray, III, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., James L. Browning, Jr., U. S. Atty., Peter R. Goldschmidt, Asst. U. S. Atty., San Francisco, Cal., Thomas J. Press, Michael C. Farrar, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GOODWIN and WALLACE, Circuit Judges, and CURTIS, District Judge.

WALLACE, Circuit Judge:

The United States brought suit against Systron-Donner Corporation, a California corporation, alleging common-law fraud, charging violations of the False Claims Act,1 and seeking recovery of money paid by mistake.2 The district court dismissed the fraud and False Claims Act counts but, after a court trial, allowed the United States to recover $39,681.46 under the common-law doctrine of...

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