MANDEL v. COOPER CORPORATION


42 F.Supp. 317 (1941)

MANDEL v. COOPER CORPORATION et al.

District Court, S. D. New York.

December 9, 1941.


Attorney(s) appearing for the Case

Fertig, Walter & Gottesman, of New York City (Alfred A. Walter, of New York City, of counsel), for Martin E. Mandel, etc. (plaintiff).

Pickrel, Schaeffer & Ebeling, of Dayton, Ohio, and Maurice P. Davidson, of New York City, for defendant Dayton Rubber Mfg. Co.

Kenefick, Cooke, Mitchell, Bass & Letchworth and Lyman M. Bass, all of Buffalo, N. Y., for defendant Dunlop Tire & Rubber Corporation.

Luther Day, of Cleveland, Ohio, and Davidson, Moses & Sicher, of New York City, for defendant Firestone Tire & Rubber Co.

Charles Wesley Dunn, of New York City, and Frank C. Leslie, of Akron, Ohio, for defendant B. F. Goodrich Co.

Howard L. Hyde, of Cleveland, Ohio, and Wright, Gordon, Zachry, Parlin & Cahill, of New York City, for defendant Goodyear Tire & Rubber Co., Inc.

Spence, Windels, Walser, Hotchkiss & Angell, of New York City, for defendant Lee Tire & Rubber Co. of New York, Inc.

Sullivan & Cromwell, of New York City (Arthur H. Dean, of New York City, of counsel), for defendant General Tire & Rubber Co.

Slabaugh, Seiberling, Huber & Guinther, of Akron, Ohio, and Milton Dammann, of New York City, for Mohawk Rubber Co. of New York, Inc.

Jeffery, Escher & Murray, of New York City, for defendant Pennsylvania Rubber Co.

Arthur, Dry & Dole, of New York City (John T. Cahill, of New York City, of counsel), for defendants United States Rubber Products, Inc., and U. S. Tire Dealers Corporation.


COXE, District Judge.

This is a motion by the defendants to dismiss the complaint for insufficiency, or, in the alternative, for summary judgment in their favor.

The action is brought by an informer under the informer statute (31 U.S.C.A. §§ 231-235) to recover forfeitures and double damages for presenting various alleged fraudulent claims to the government for payment. The material portions of the statute are as follows: "Any person * * * who shall...

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