United States v. E. B. Hougham, E. B. Hougham v. United States

This is an appeal and a cress-appeal from an action brought by the United States to recover damages from defendants on the ground that they had fraud ulently obtained government surplus property in violation of Section 26 of the Surplus Property Act ( 58 Stat. 765 , 50 App.U.S.C.A. § 1635, 1946.Ed.), repealed and re-enacted by § 209 of the Federal Property and Administrative Services Act of 1949 ( 63 Stat. 377 , 392, 40 U.S.C.A. § 489 ). The district court found defendants guilty as charged on October 18, 1957 and awarded plaintiff damages under Section 26(b) (1) of the Act in the principal sum of $8,000, plus interest. On appeal, this court rejected plaintiff’s contention that it was entitled to choose its remedies under subsections (1), (2) or (3) of Section 26(b) of the Act .

On certiorari, the Supreme Court reversed, holding that plaintiff was entitled to elect the appropriate measure of damages under the Act, and remanded the cause to the district court “with directions to enter judgment for the [plaintiff] under § 26(b) (2) of the * * * Act * * *.”

On remand, the district court, on April 11, 1961, entered judgment against defendants in the total principal sum of…