United States v. McNinch, 356 U.S. 595 (1958)

United States v. McNinch


No. 146


Argued April 1, 1958
Decided May 26, 1958
356 U.S. 595

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

Syllabus

1. A claim against the Commodity Credit Corporation is a claim "against the Government of the United States, or any department or officer thereof" within the meaning of the civil provisions of the False Claims Act. Rainwater v. United States, ante, p. 590. Pp. 595-596.

2. The Federal Housing Administration, an unincorporated agency in the Executive Department created by the President pursuant to congressional authority to administer a number of federal housing programs and operating with funds originally appropriated by Congress, is a part of the "Government of the United States" within the meaning of the civil provisions of the False Claims Act. Pp. 596-598.

3. A lending institution’s application to the Federal Housing Administration for credit insurance is not a "claim" as that term is used in the False Claims Act. Pp. 598-600.

242 F.2d 359, affirmed in part, reversed in part, and cause remanded.