UNITED STATES v. WEEKLY PUBLICATIONS


68 F.Supp. 767 (1946)

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

District Court, S. D. New York.

November 15, 1946.


Attorney(s) appearing for the Case

Pomerantz, Levy, Schreiber & Haudek, of New York City, for plaintiffs.

Whitman, Ransom, Coulson & Goetz, of New York City, for defendants.


RIFKIND, District Judge.

Defendants move to dismiss the amended complaint, pursuant to Federal Rules of Civil Procedure, rule 12(b) (6), 28 U.S. C.A. following section 723c, for failure to state a claim upon which relief can be granted. Plaintiff, Rodriguez, an informer, brings a qui tam action on behalf of the United States and himself to recover from defendants statutory forfeitures and double damages under the provisions of sections 5438, 3490 and 3491 of the Revised...

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