United States Ex Rel. Bayarsky v. Brooks

BIGGS, Chief Judge.

Bayarsky instituted the instant qui tam action on January 5, 1942, under the False Claims Act, enacted March 2, 1863, R.S. § 3491. The Act was amended on December 23, 1943, 57 Stat. 608. See 31 U.S.C.A. § 232. The case has been before us once before on appeal and the facts set out in our earlier opinion need not be repeated here. We reversed an order of the court below abating the suit, concluding that despite the fact that the complaint filed by Bay-arsky, mutatis mutandis, was a Chinese copy of an indictment filed by the United States, and contained no information not in…