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UNITED STATES v. ST. LOUIS CLAY PRODUCTS CO.

No. 2299.

65 F.Supp. 645 (1946)

UNITED STATES ex rel. COATES v. ST. LOUIS CLAY PRODUCTS CO. et al.

District Court, E. D. Missouri, E. D.

April 29, 1946.

Attorney(s) appearing for the Case

Sonnenschein, Berkson, Lautmann, Levinson & Morse and I. E. Ferguson, all of Chicago, Ill., and John L. Gilmore and Wm. R. Gentry, both of St. Louis, Mo., for plaintiff.

A. J. Haverstick and C. Arthur Anderson, both of St. Louis, Mo., for defendant St. Louis Clay Products Co.

C. Arthur Anderson, of St. Louis, Mo., for defendant E. T. Davenport.

Samuel H. Liberman, of St. Louis, Mo., and Kenneth C. Miller, of Brazil, Ind., for defendant Arketex Ceramics Corporation.

Lashly, Lashly, Miller & Clifford, Jacob M. Lashly, and Israel Treiman, all of St. Louis, Mo., for defendants Fruco Const. Co., and others.

HULEN, District Judge.

Plaintiff's complaint, filed April 24, 1943, and amended May 16, 1944, is brought under Title 31 U.S.C.A. §§ 231-234, providing for informer suits. Answers of defendants include a "jurisdictional plea," to-wit, that the complaint is based upon evidence and information in the possession of the United States at the time the case was instituted. Dismissal on that ground is sought. The jurisdictional plea is based upon that part of the...

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