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UNITED STATES ex rel. MARCUS v. HESS et al.

PER CURIAM.

It is conceded by the appellants that if the federal rule relating to the release of joint tort-feasors be applied, the release of those defendants who contributed to the payment of a portion of the judgment, will not release the appellants, non-contributing defendants. The appellants contend that the Pennsylvania rule is applicable and that the release of one or more of the defendants, joint tort-feasors, will release all. Without conceding that the Pennsylvania rule is as the appellants assert, we entertain no doubt that the federal rule is applicable. The action at bar serves a federal purpose since it is a qui tam action brought pursuant to Sections 3490-3494 and 5438 of the Revised Statutes of the United States, 31 U.S.C.A. §§ 231-235, 18 U.S.C.A. §§ 80, 82-86. See People of Porto Rico v. Rosaly y Castillo, 227 U.S. 270, 276, 33 S.Ct. 352, 57 L.Ed. 507; Garrett v. Moore-McCormack Co., 317 U.S. 239, 245, 63 S.Ct. 246, 87 L.Ed. 239; Brooklyn Savings Bank v. O'Neil, 324 U.S. 697, 715, 65 S.Ct. 895. Accordingly the order of the District Court is affirmed.

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UNITED STATES EX REL. MARCUS v. HESS
(Mar 18, 1946)