GRAND UNION CO. v. UNITED STATES

No. 81-7557.

696 F.2d 888 (1983)

GRAND UNION COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 24, 1983.


Attorney(s) appearing for the Case

Myles E. Eastwood, Asst. U.S. Atty., Atlanta, Ga., for defendant-appellant.

Frank C. Jones, King & Spalding, Michael Eric Ross, Atlanta, Ga., for plaintiff-appellee.

Before TJOFLAT, CLARK and MILLER, Circuit Judges.


TJOFLAT, Circuit Judge:

The sole question presented in this appeal is whether there exists a genuine issue of material fact that precludes the district court from entering summary judgment for Grand Union Co. on the government's claim against it under the False Claims Act, 31 U.S.C. § 231 (1976). We conclude that such an issue exists, and therefore vacate the judgment of the district court and remand the case for further proceedings.

I.

The...

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