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UNITED STATES v. ATLANTIC BASIN IRON WORKS

Civ. No. 3423.

53 F.Supp. 268 (1944)

UNITED STATES ex rel. SCHIFF et al. v. ATLANTIC BASIN IRON WORKS et al.

District Court, E. D. New York.

Rehearing Denied January 6, 1944.

Attorney(s) appearing for the Case

Benjamin T. Juceam, of Brooklyn, N. Y., for plaintiffs.

Walter E. Warner, Jr., and Chambers, Clare & Morris, all of New York City (Jackson A. Dykman, of Brooklyn, N. Y., Walter E. Warner, Jr., of New York City, and Jules Haberman, of Brooklyn, N. Y., of counsel), for defendants Atlantic Basin Iron Works, Inc., and others.

BYERS, District Judge.

Two motions have been made by the defendants herein, under paragraph (b), sub-division (6), and paragraph (e), respectively, of Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The first presents a defense by motion before answer that the action be dismissed because of plaintiffs' failure to state a claim upon which relief can be granted. This is a qui tam suit pursuant to 31 U.S.C.A. §§...

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