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UNITED STATES v. HANGAR ONE, INC.

No. 75-3654.

563 F.2d 1155 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. HANGAR ONE, INC. (formerly known as Southern Airways Company), Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 5, 1978.

Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., L. Scott Atkins, Asst. U. S. Atty., Birmingham, Ala., Morton Hollander, Chief, App. Sec., Leonard Schaitman, Rex E. Lee, Asst. Attys. Gen., Thomas G. Wilson, Atty., Dept. of Justice, Civ. Div., Washington, D. C., for plaintiff-appellant.

Harry R. Teel, Macbeth Wagnon, Jr., Allen Poppleton, Robert B. Donworth, Jr., Birmingham, Ala., for defendant-appellee.

Before TUTTLE, MORGAN and HILL, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

The original panel opinion dated September 29, 1977, is hereby withdrawn and this opinion is substituted in lieu thereof.

The appellant, the United States, brought this action for violation of the False Claims Act, 31 U.S.C.A. §§ 231-235 (1976), alleging that defendant, Hangar One, Inc., knowingly submitted defective materials to the government. After entry of summary judgment...

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