United States ex rel. Bayarsky v. Brooks

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 United States by selling to the United States sand and stone to be used on Works Progress Administration projects at prices arbitrarily fixed by defendants in…