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UNITED STATES v. BARISH

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA


June 8, 1962

UNITED STATES of America
v.
David BARISH and Louis Reaback. UNITED STATES of America v. David BARISH and Joseph F. Walker

The opinion of the court was delivered by: GANEY

The Court makes the following Findings of Fact and Conclusions of Law in the above mentioned matters:

1. The two actions are suits for liquidated damages under the Surplus Property Act of 1944, 50 U.S.C.A.Appendix, § 1635(b), of which the Court has jurisdiction under Section 26(c), 50 U.S.C.A. Appendix, § 1635(c), which was repealed and re-enacted as Section 209(b) and (c) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C.A. § 489(b) and (c).

 2. The defendant, Louis Reaback, received an honorable discharge from the United States Army on December 1, 1945.

 3. The defendant, David Barish, is a non-veteran who bought, sold and repaired used cars and trucks, doing business on Parrish Street, Philadelphia, Pennsylvania.

 4. About a month after Reaback was discharged from the service, Barish told him that he would pay him $ 50 for every vehicle purchased by him from government surplus property with a veteran's preference certificate.

 5. Barish advised Reaback to make application for a veteran's preference certificate at the War Assets Administration. He also instructed Reaback that when he filled out his application he was to advise the War Assets Administration that he was going to use the vehicles in a dry goods business which he was about to engage in. Reaback had no intention of engaging in a dry goods business in the future.

 6. Reaback, on January 30, 1946, applied for veteran's certificates to purchase three delivery trucks. In his application he stated in writing, as he had been instructed by Barish, that the trucks were to be used in the dry goods business which he intended to enter on February 10, 1946. This statement was false and was made for the purpose of obtaining the veteran's preference certificates and both Reaback and Barish knew it to be both false and fraudulent.

 7. Reaback, having received the veteran's certificates, pursuant to his application, on March 18, 1946, went with Barish to a sale of surplus government vehicles at the Holabird Automotive Pool near Baltimore, Maryland, which sale was open only to veterans who possessed veteran's certificates. At that sale, Barish selected three army trucks for pur chase and gave Reaback the money, in cash, to make the purchases for him with the veteran's certificates. 8. On or about March 20, 1946, with his veteran's certificates, Reaback purchased for Barish at the Holabird Automotive Pool the following trucks at the prices shown: ITEM PRICE //-- ///-- GMC 2 1/2 ton truck, van, serial No. 173154-1 $ 1,288.00 GMC 2 1/2 ton truck, van, serial No. 173173-1 1,288.00 GMC 2 1/2 ton truck, van, serial No. 170427-1 1,288.00 TOTAL $ 3,864.00

19620608

© 1992-2004 VersusLaw Inc.



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