· 3/24/1970
United States v. Lennard L. Mead
Citations
- 426 F.2d 118
- 1970 U.S. App. LEXIS 10174
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[t]he government’s alternative 7 theory of recovery [to False Claims Act claims] is under the common law doctrine of 8 payment by mistake. This remedy is available to the United States and is independent of 9 statute.”
- finding farmers liable where they paid lower amounts to a 25 contractor who then sought and received inflated reimbursement payments from the Department of Agriculture, with the farmers’ 26 knowledge
- finding liable the farmers who “received 7 benefits as a result of the transaction”
- “If a change in the common law is to be effectuated, the legislative intent to do so must be clearly and plainly expressed.”
- where property conveyed by mistake, grantee is chargeable as constructive trustee and can be compelled to reconvey
- False Claims Act used together with the common law doctrine of payment by mistake
Source: CourtListener parenthetical corpus (CC0).
Judges: Chambers, Jertberg, Weigel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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