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DAMSKY v. ZAVATT

No. 26641.

289 F.2d 46 (1961)

Bernard DAMSKY, Olga Damsky and Henry Birns, Petitioners, v. Honorable Joseph C. ZAVATT, United States District Judge for the Eastern District of New York, Respondent.

United States Court of Appeals Second Circuit.

Decided April 3, 1961.

Attorney(s) appearing for the Case

Linker & Linker, Brooklyn, N. Y., for petitioners.

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., for the United States.

Before CLARK, MOORE and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

Bernard Damsky, his wife, Ollie Damsky, and Henry Birns, defendants along with Robert W. Franz in an action relating to federal income taxes brought by the United States in the District Court for the Eastern District of New York, seek a writ of mandamus directing Judge Zavatt to vacate an order, 1960, 187 F.Supp. 404, striking their demand for a jury trial. The government does not dispute that mandamus...

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