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UNITED STATES v. BROOKS

Civil Action No. 1956.

58 F.Supp. 714 (1945)

UNITED STATES ex rel. BAYARSKY et al. v. BROOKS et al.

District Court, D. New Jersey.

January 17, 1945.

Attorney(s) appearing for the Case

Joseph J. Weinberger, of Passaic, N. J., for plaintiff Bayarsky.

Thorn Lord, U. S. Atty., of Trenton, N. J., and G. A. Fruit, of Washington, D. C., for the United States.

Milton, McNulty & Augelli, of Jersey City, N. J. (John Milton and Thomas McNulty, both of Jersey City, N. J., of counsel), for defendants.

MEANEY, District Judge.

Motion is made on behalf of defendants for dismissal.

This is a qui tam action brought by the relator, David Bayarsky, on January 5, 1942 on behalf of the United States and in his own behalf under the informer statute, Revised Statutes 3490-3493, 31 U.S. C.A. §§ 231-234, to recover damages and statutory penalties, counsel fees and costs.

The action is based upon the claim that the defendants cheated and defrauded the...

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