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UNITED STATES v. WEEKLY PUBLICATIONS

No. 381.

144 F.2d 186 (1944)

UNITED STATES ex rel. RODRIGUEZ v. WEEKLY PUBLICATIONS, Inc., et al.

Circuit Court of Appeals, Second Circuit.

July 28, 1944.

Attorney(s) appearing for the Case

Morris D. Forkosch, of New York City, for Richard Rodriguez, relator-appellant.

Francis M. Shea, Asst. Atty. Gen., and James B. M. McNally, U. S. Atty., and Lawrence H. Axman, Asst. U. S. Atty., both of New York City (Joseph M. Friedman, Sp. Asst. to Atty. Gen., and Elihu Schott, Sp. Atty., Department of Justice, of Washington, D. C., of counsel), for the United States.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is a qui tam action brought by the relator Rodriguez on November 18, 1943, for himself and the United States under the informer statute (Revised Statutes, §§ 3490-3493, 31 U.S.C.A. §§ 231-234) to recover $2,606,000 and statutory penalties, counsel fees and costs. The action is founded upon the claim that the defendants cheated the Post Office Department out of $1,303,000 by obtaining mailing rates for their...

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