ELLEN B. BURNS, District Judge.
Defendant Richard RePass has brought this appeal from a judgment of the United States District Court for the Southern District of New York (William C. Conner, Judge), which granted the motion of plaintiff, United States of America, for summary judgment against him and his co-defendants to recover, under the False Claims Act, 31 U.S.C. § 231 et seq. (1976 and Supp. 1982),
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