United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

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. 356 U. S. 590. Pp. 356 U. S. 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. 356 U. S. 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. 356 U. S. 598-600.

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