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UNITED STATES v. WEEKLY PUBLICATIONS

74 F.Supp. 763 (1947)

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

District Court, S. D. New York.

November 5, 1947.

Attorney(s) appearing for the Case

Pomerantz, Levy, Schreiber & Haudek, of New York City (William E. Haudek and Julius Levy, both of New York City, of counsel), for plaintiff.

Whitman, Ransom, Coulson & Goetz, of New York City (Joseph M. Proskauer, Eugene Eisenmann, and Patrick H. Sullivan, all of New York City, of counsel), for defendants.

LEIBELL, District Judge.

This is a "qui tam" action to which Secs. 231 and 232 of Title 31 U.S.C.A. apply. It seeks to charge the defendants with damages, in the nature of a penalty, for falsely and fraudulently presenting for allowance and approval claims against the United States knowing such claims to be false and fraudulent. It is alleged that defendants tendered a magazine to the Postmaster for mailing at second class...

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