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UNITED STATES v. HENDRICK

52 F.Supp. 60 (1943)

UNITED STATES ex rel. BENJAMIN v. HENDRICK et al.

District Court, S. D. New York.

October 7, 1943.

Attorney(s) appearing for the Case

Julian C. Trupin, of New York City, for plaintiffs.

John J. Manning, of New York City, for defendant Socony-Vacuum Oil Co., Inc.

Frueauff, Burns & Ruch, of New York City, for defendant Cities Service Oil Co.

Chadbourne, Wallace, Parke & Whiteside, of New York City, for defendant Barber Asphalt Corporation.

Dorsey, Adams & Walker, of New York City, for defendant General Builders Supply Corporation.

S. A. L. Morgan, of Amarillo, Tex., for defendant Texas Co.

RIFKIND, District Judge.

This is a motion by the defendants for an order dismissing the action and complaint upon the stated grounds that (a) the plaintiff has failed to state a claim upon which relief can be granted and (b) plaintiff is without legal capacity to sue.

The action, commonly known as an informer's or "qui tam" action, was instituted by the relator on May 24, 1943, under Sections 5438, 3490, 3491, 3492...

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