Legal Opinion
United States ex rel. Schiff v. Atlantic Basin Iron Works
District Court, E.D. New York
Decided December 10, 1943No. Civ. No. 3423PublishedCited by 3 opinions
1Opinion of the Court
BYERS, District Judge.
Two motions have been made by the defendants herein, under paragraph (b), subdivision (6), and paragraph (e), respectively, of Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.
The first presents a defense by motion before answer that the action be dismissed because of plaintiffs’ failure to state a claim upon which relief can be granted. This is a qui tarn suit pursuant to 31 U.S.C.A. §§ 231-235.
Necessarily the claim for relief is that of the United States which the plaintiffs present as an undertaking for profit.
Such a claim involves…
2Cases cited5 opinions
- United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
- Leimer v. State Mut. Life Assur. Co.Court of Appeals for the Eighth Circuit · 1940
- Tahir Erk v. Glenn L. Martin Co.Court of Appeals for the Fourth Circuit · 1941
- Levenson v. B. & M. FURNITURE CO.Court of Appeals for the Second Circuit · 1941
- Mebco Realty Holding Co. v. Warner Bros. Pictures, Inc.District Court, D. New Jersey · 1942
3Cited by3 opinions
- Boisjoly v. Morton Thiokol, Inc.District Court, D. Utah · 1988
- Jana, Inc. v. United StatesUnited States Court of Federal Claims · 1998
- Cohen v. Beneficial Industrial Loan CorporationDistrict Court, D. New Jersey · 1946