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U.S. v. BYRD

No. 5:99-CV-21-B0(2).

100 F.Supp.2d 342 (2000)

UNITED STATES of America, Plaintiff, v. Carvus Andrew BYRD, Jr., d/b/a Byrd's Bait and Tackle # 1, Defendant.

United States District Court, E.D. North Carolina, Western Division.

February 27, 2000.

Attorney(s) appearing for the Case

Stephen A. West, United States Attorney, Eastern District of NC, Raleigh, NC, for United States of America, plaintiffs.

Namon Leo Daughtry, James B. Ethridge, Luther Donald Starling, Jr., Daughtry & Starling, Smithfield, NC, for Carvus Andrew Byrd, defendants.

ORDER

TERRENCE WILLIAM BOYLE, Chief Judge.

This matter is before the Court on Defendant's Motion to Dismiss and Plaintiff's Motion for Summary Judgment. The underlying action alleges that Defendant presented illegally acquired food stamps to a financial institution, causing a false claim to be presented to the United States Government in violation of the False Claims Act, 31 U.S.C. § 3729, et seq.

BACKGROUND

Defendant...

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