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U.S. v. O'CONNELL

No. 89-1207.

890 F.2d 563 (1989)

UNITED STATES of America, Plaintiff, Appellee, v. John A. O'CONNELL, Jr., et al., Defendants, Appellees, Appeal of ST. AUGUSTINE TRAWLER, INC., Defendant.

United States Court of Appeals, First Circuit.

Decided December 6, 1989.

Attorney(s) appearing for the Case

Fred H. Kent, Jr., with whom Kent, Hayden, Facciolo & McMorrow, Jacksonville, Fla., and Kneeland, Kydd & Handy, Boston, Mass., were on brief, for appellant.

Robert L. Vogel with whom Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D.C., Wayne A. Budd, U.S. Atty., Boston, Mass., and Michael F. Hertz, New York City, were on brief, for plaintiffs, appellees.

Before BOWNES, TORRUELLA and MAYER Circuit Judges.

BOWNES, Circuit Judge.

This is an appeal by defendant-appellant St. Augustine Trawlers, Inc. (SAT) from a summary judgment granted against it, John A. O'Connell and Jerry D. Thompson. A default judgment was entered against a fourth defendant, James H. Norton, Jr. The defendants were held liable under the False Claims Act, 31 U.S.C. §§ 3729-3733, for defrauding the government of about $463,000. The district court held SAT responsible for the acts of its general...

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