United States v. MacEvoy
District Court, D. New Jersey
1Opinion of the Court
SMITH, District Judge.
This is a civil action under the False Claims Act, 31 U.S.C.A. § 231, to enforce the liability imposed by the Act upon those guilty of its violation. The action is before the Court at this time on the motion of the defendants, filed pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint and the amended complaint. The motion is resisted by the plaintiff.
History of Litigation
This action was commenced on March 30, 1943. The complaint then filed alleged that the defendants “did unlawfully, wilfully and feloniously combine,…
2Cases cited5 opinions
- Helvering v. MitchellSupreme Court of the United States · 1938
- United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
- Scarborough v. Atlantic Coast Line R. CoCourt of Appeals for the Fourth Circuit · 1949
- Damiano v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1947
- United States Ex Rel. Nitkey v. DawesCourt of Appeals for the Seventh Circuit · 1945
3Cited by9 opinions
- Blusal Meats, Inc. v. United StatesDistrict Court, S.D. New York · 1986
- Woodbury v. United StatesDistrict Court, D. Oregon · 1964
- Carr-Consolidated Biscuit Co. v. MooreDistrict Court, M.D. Pennsylvania · 1954
- Vuitton Et Fils, S.A. v. J. Young Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1979
- Carr-Consolidated Biscuit Company v. MooreDistrict Court, M.D. Pennsylvania · 1954
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