PEARCE v. UNITED STATES

Civ. 10090.

226 F.Supp. 702 (1964)

William H. PEARCE and Elizabeth Pearce, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. New York.

January 6, 1964.


Attorney(s) appearing for the Case

Jaeckle, Fleischmann, Kelly, Swart & Augspurger, Buffalo, N. Y., Albert R. Mugel, of counsel, Buffalo, N. Y., for plaintiffs.

Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, David A. Wilson, Jr., Marvin J. Garbis, Attys., Dept. of Justice, John T. Curtin, U. S. Atty., for the Government.


HENDERSON, District Judge.

For some time prior to September 10, 1956, William H. Pearce, the plaintiff, and his father, Howard W. Pearce, had been the principal stockholders in Earlhow, Inc. and Kelvin Drive, Inc., New York corporations. The stock of William H. Pearce was then redeemed by each corporation and he terminated his remaining interest in each by resigning as an officer and director. By following certain procedural detail the plaintiff was then clearly entitled...

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