Legal Opinion
W. Kelly Smith v. United States
Court of Appeals for the Fifth Circuit
Decided February 8, 1961No. 18045_1PublishedCited by 56 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
After a trial without a jury the District Court held that Smith, Executive Director of a governmental housing project was liable under the False Claims Act, 31 U.S.C.A. § 231, to repay the Government double the amount of the payments wrongfully received plus the further statutory penalty of $2,000 for each of the two false claims. Three contentions are now pressed. First, the evidence was not sufficient to sustain the basic finding of false claims. Second, even if false, the certifications for payment were not claims within the Act. Third, the Government’s claim…
2Cases cited13 opinions
- United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
- United States v. Yellow Cab Co.Supreme Court of the United States · 1949
- Rainwater v. United StatesSupreme Court of the United States · 1958
- United States v. McNinchSupreme Court of the United States · 1958
- United States v. BorinCourt of Appeals for the Fifth Circuit · 1954
8 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- United States v. John L. MorrowCourt of Appeals for the Fifth Circuit · 1976
- W. F. Chaney v. City of Galveston, Earl J. Smith & Co., Inc. v. City of GalvestonCourt of Appeals for the Fifth Circuit · 1966
- Peter J. Brennan, Secretary of Labor, United States Department of Labor v. City Stores, Inc., Doing Business as Loveman'sCourt of Appeals for the Fifth Circuit · 1973
- Roberts v. WilliamsCourt of Appeals for the Fifth Circuit · 1971
- United States v. Stanley N. Howell, Warren S. Cochran, Cochran & Howell, a Partnership, Post Cleaners, Thrifty CleanersCourt of Appeals for the Ninth Circuit · 1963
51 more not listed; retrieve them via the Exa API.