UNITED STATES of America, Plaintiff-Appellant, v. HANGAR ONE, INC. (Formerly Known as Southern Airways Company), Defendant-Appellee

LEWIS R. MORGAN, Circuit Judge:

The original panel opinion dated September 29, 1977, is hereby withdrawn and this opinion is substituted in lieu thereof.

The appellant, the United States, brought this action for violation of the False Claims Act, 31 U.S.C.A. §§ 231-235 (1976), alleging that defendant, Hangar One, Inc., knowingly submitted defective materials to the government. After entry of summary judgment in favor of the defendant, the government brought this appeal. This court finds that summary judgment was inappropriate, and, accordingly, we reverse.

A detailed account of the facts appears…