KOLLER ET AL.
v.
UNITED STATES

U.S. | 1959-04-20
No. 362
with whom Mr. Justice Douglas and Mr. Justice Whittaker join,
359 U.S. 309 Supreme Court of the United States (1959) Caution
Also reported at: 3 L. Ed. 2d 828 · 79 S. Ct. 755 · 1959 U.S. LEXIS 1139 · SCDB 1958-079
Cited by 32 cases
Per_curiam
Per Curiam.

Per Curiam.

The judgment is affirmed. Rex Trailer Co. v. United States, 350 U. S. 148 (1956).

Dissent
Mr. Justice Stewart,

Mr. Justice Stewart,

with whom Mr. Justice Douglas and Mr. Justice Whittaker join,

dissenting.

I do not agree that disposition of this case is controlled by the decision in Rex Trailer Co. v. United States, 350 U. S. 148. Believing that §26 (b)(1) of the Surplus Property Act of 1944, 40 U. S. C. §.489 (b)(1), imposes a civil penalty,-and that an action thereunder is therefore subject to the five-year limitation provided in 28 U. S. C. § 2462,1 would reverse. Cf. United States ex rel. Marcus v. Hess, 317 U. S. 537; Erie Basin Metal Products, Inc., v. United States, 150 F. Supp. 561 (Ct. Cl.). See Priebe & Sons v. United States, 332 U. S. 407.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • United States v. Coop. Grain & Supply Co., 476 F.2d 47 (8th Cir. 1973)
    …ater Supreme Court cases have consistently held the False Claims Act [*60] to be a civil statute. That question is no longer open. Rex Trailer Co. v. United States, 350 U.S. 148, 152-154, 76 S. Ct. 219, 100 L.Ed. 149 (1956); Roller v. United States, 359 U.S. 309, 79 S.Ct. 755, 3 L.Ed.2d 828 (1959) (per curiam); United States v. Hougham, 364 U.S. 310, 313, 81 S.Ct. 13, 5 L.Ed.2d 8 (1960). Since the False Claims Act is civil in nature, the definition of “knowing” should be the definition as applied in the ci…
  • United States v. Perry, 431 F.2d 1020 (9th Cir. 1970)
    …ubject to the five-year statute of limitations contained in 28 U.S.C. § 2462. The question is whether the Government’s remedy under the Act is compensatory in nature, or has a purpose going beyond making the plaintiff whole. Koller v. United States, 359 U.S. 309, 79 S.Ct. 755, 3 L.Ed.2d 828 (1959). United States v. Doman, 255 F. 2d 865 (3d Cir. 1958), aff’d sub. nom. Cf. United States ex rel. Marcus v. Hess, 317 U.S. 537, 63 S.Ct. 379, 87 L.Ed. 443 (1944); Chattanooga Foundry & Pipe Works v. City of Atlanta…
  • United States v. Woodbury, 359 F.2d 370 (9th Cir. 1966)
    …Trailer Co. a different statute, the Surplus Property Act, 50 U.S.C.App. 1635 (1946), now 40 U.S.C. § 489, was involved, but its provisions are comparable. Rex Trailer Co. was the basis for a per curiam affirmance in Roller v. United States, 1959, 359 U.S. 309, 79 S.Ct. 755, 3 L.Ed.2d 828, a case involving the same statute as Rex Trailer Co. The question there was whether the action was one for “any civil fine, penalty, or forfeiture” within the meaning of the five year statute of limitations, 28 U.S.C. §…

Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw