United States ex rel. Benjamin v. Hendrick

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.

*61The action, commonly known as an informer’s or “qui tarn” action, was instituted by the relator on May 24, 1943, under Sections 5438, 3490, 3491, 3492, 3493 and 3494 of the Revised Statutes, 18 U.S.C.A. §§ 80, 82-86, 31 U.S.C.A. §§ 231-235, to recover double damages and forfeitures for the United States of America and on his own…