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U.S. v. TABER EXTRUSIONS, LP

No. 02-2965.

341 F.3d 843 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. TABER EXTRUSIONS, LP, et al., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 27, 2003.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Thomas C. Walsh of St. Louis, Missouri. Also appearing on the brief were Joel S. Feldman, Matthew J. O'Hara, and Kevin A. Crass.

Counsel who presented argument on behalf of the appellee was J. Chris Larson of Washington, D.C. Also appearing on the brief were Robert D. McCallum, Jr., H.E. Bud Cummins, III, and Douglas N. Letter.

Before LOKEN, Chief Judge, HANSEN and BYE, Circuit Judges.

LOKEN, Chief Judge.

In July 1993, defense contractor Precision Machining, Inc. (PMI) was awarded a contract to build aluminum ribbon bridges for the United States Army. In the following months, PMI submitted three requests for progress payments based in part on "pro forma" invoices for aluminum extrusions from its independent supplier, Taber Extrusions, LP. In 1998, officers of PMI pleaded guilty to criminal fraud, admitting that the progress payment requests had...

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