Legal Opinion

United States ex rel. Rodriguez v. Weekly Publications, Inc.

District Court, S.D. New York

Decided June 2, 1949No. Civ. 23-282PublishedCited by 6 opinions

1Opinion of the Court

RIFKIND, District Judge.

Plaintiff has moved for an order, pursuant to Rule 42(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. directing *180the separate trial of the issues of liability and damages in this action.

The action is in the nature of a qui tarn suit on behalf of the United States under the provisions of 31 U.S.C.A. §§ 231, 232.

In support of his motion, the plaintiff asserts that whereas the issues of liability are simple and can be quickly disposed of by a jury, the issues of damages are exceedingly complicated and will undoubtedly require the services of a master. In substance,…

2Cases cited3 opinions

  1. Brackett v. . GriswoldNew York Court of Appeals · 1889
  2. United States Ex Rel. Brensilber v. Bausch & Lomb Optical Co.Court of Appeals for the Second Circuit · 1942
  3. Canister Co. v. National Can Corp.District Court, D. Delaware · 1943

3Cited by6 opinions

  1. United States v. The J. B. Williams Company, Inc., and Parkson Advertising Agency, Inc.Court of Appeals for the Second Circuit · 1974
  2. O'DONNELL v. Watson Bros. Transportation CompanyDistrict Court, N.D. Illinois · 1960
  3. Arrington v. McCartyLouisiana Court of Appeal · 1961
  4. Capital Engineering & Manufacturing Co. v. United StatesUnited States Court of Claims · 1990
  5. United States Nuclear Regulatory Commission v. Radiation Technology, Inc.District Court, D. New Jersey · 1981

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