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UNITED STATES v. FONG

No. 36089.

182 F.Supp. 446 (1959)

UNITED STATES of America, Plaintiff v. T. Y. FONG, individually and trading as Asia Development Corporation, and as Hong Kong Shipping Corporation, Limited, Defendant.

United States District Court N. D. California, S. D.

Order for Judgment December 29, 1958.

On Motions for New Trial, Vacation of Default and Amendment of Judgment June 3, 1959.

Attorney(s) appearing for the Case

Lloyd H. Burke, U. S. Atty., San Francisco, Cal., James B. Schnake, Asst. U. S. Atty., San Francisco, Cal., Mrs. Katherine H. Johnson, Attorney, Department of Justice, Washington, D. C., for plaintiff.

Robert J. Drewes, Brobeck, Phleger & Harrison, San Francisco, Cal., Smith W. Brookhart, Benjamin H. Dorsey, Brookhart, Becker & Dorsey, Washington, D. C., for defendant.

Order Reserving Ruling on Motion to Dismiss

GOODMAN, District Judge.

Defendant has moved to dismiss count one of the amended complaint for failure to state a claim upon which relief can be granted. Count one charges defendant with the violation of the False Claims Act, Revised Statutes §§ 3490, 5438, 31 U.S.C.A. § 231, and asks statutory forfeitures and double damages.

The False Claims Act provides that "any person * * * who shall...

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