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UNITED STATES v. BRAND JEWELERS, INC.

No. 70 Civ. 179.

318 F.Supp. 1293 (1970)

UNITED STATES of America, Plaintiff, v. BRAND JEWELERS, INC., et al., Defendants.

United States District Court, S. D. New York.

October 8, 1970.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty. for the Southern District of N. Y., for the U. S.; David Paget, David M. Brodsky, Asst. U. S. Attys., of counsel.

John S. Martin, Jr., New York City, for defendants Brand Jewelers, Inc. and Howard Star.

Thomas D. Edwards, New York City, for defendant Sol H. Erstein.

FRANKEL, District Judge.

The interesting question before the court is whether the United States has "standing" as a plaintiff to seek injunctive and other civil remedies for an allegedly "long-standing and systematic practice" of obtaining default judgments against economically disadvantaged defendants by means of the technique known with apt inelegance as "sewer service." The question arises upon a motion to dismiss under Fed.R.Civ.P. 12(b), so it is well to stress...

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