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UNITED STATES v. BROOKS

Civil Action No. 1956.

51 F.Supp. 974 (1943)

UNITED STATES ex rel. BAYARSKY v. BROOKS et al.

District Court, D. New Jersey.

October 1, 1943.

Attorney(s) appearing for the Case

Joseph J. Weinberger, of Passaic, N. J., for plaintiffs.

Milton, McNulty & Augelli, of Jersey City, N. J. (John Milton and Thomas McNulty, both of Jersey City, N. J., of counsel), for defendants.

FAKE, District Judge.

Motion is made by the plaintiff Bayarsky for leave to take the testimony of certain defendants. He relies upon Rule 26 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c. Defendants resist on the ground that this qui tam action founded upon R.S. § 3490, 31 U.S.C.A. § 231, involves a "forfeiture" and Rule 81 (a) (2) excuses them from complying and also that they are excused upon the ground of double jeopardy.

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