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BENEDICT v. PRICE

No. 3997.

38 F.2d 309 (1929)

BENEDICT v. PRICE.

District Court, E. D. New York.

November 26, 1929.

Attorney(s) appearing for the Case

Gleason, McLanahan, Merritt & Ingraham, of New York City (Joseph B. Miller, of New York City, of counsel), for plaintiff.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., and Albert D. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for defendant.

CAMPBELL, District Judge.

The above-entitled action comes before this court on a motion made by the defendant to dismiss the complaint therein, on the ground that the same does not state facts sufficient to constitute a cause of action.

The complaint in the above-entitled action contains the following allegations:

That the plaintiff is a resident of the city and state of New York. That the defendant, Warren G. Price, at all the times mentioned was...

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