United States v. Luer Packing Co.

Upon consideration of the plaintiff’s motion for judgment on the pleadings and/or_ for summary judgment, which motion was heard and submitted on February 9, 1953, upon the record and admissions on file, and the affidavit of James C. R. McCall, the Court finds the following facts, to wit:

Findings of Fact.

1. That on February 20, 1946, the defendant Luer Packing Company (sometimes called “Luer” hereinafter) applied to Reconstruction Finance Corporation (sometimes called “R.F.C.” hereinbelow), in writing on RFC Form DS-T-69, for payment to it of a livestock slaughter special profit subsidy in the sum of $35,257.86, pursuant to the provisions of Sections 2, 3 and 4 of Directive 90 as promulgated by the Stabilization Administrator on December 4, 1945, 10 F.R. 14743 , 32 C.F.R.1945 Supp. p. 3584 following § 4004.1, and pursuant to Amendment 13 of Revised Regulation No. 3 of R.F.C. issued pursuant to said Directive 90.

2. In its application, or claim, for said profit subsidy payment, and as the basis for its computation of the amount thereof, Luer represented that it was not “affiliated as defined by Directive 90”; that it had received livestock slaughter subsidy payments from…