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UNITED STATES v. GABLE

Civ. No. 9078.

217 F.Supp. 82 (1963)

UNITED STATES of America v. Sidney B. GABLE.

United States District Court D. Connecticut.

April 15, 1963.

Attorney(s) appearing for the Case

Robert C. Zampano, U. S. Atty., New Haven, Conn., Irving H. Perlmutter, Asst. U. S. Atty., New Haven, Conn., for plaintiff.

W. Paul Flynn, of Kopkind & Flynn, New Haven, Conn., for defendant.

TIMBERS, District Judge.

Defendant's motion to dismiss, pursuant to Rule 12(b) (2), Fed.R.Civ.P., and plaintiff's motion to substitute a party defendant, pursuant to Rule 25(a) (1), Fed.R.Civ.P., raise the question whether a cause of action under the forfeiture and damage provisions of the False Claims Act1 is penal in nature, hence not surviving death of defendant, or is civil in nature, hence surviving such death.

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