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McKINNEY, MARSH & CUSHING v. JACKSON HEALTH RESORT

No. 1215.

56 F.2d 285 (1932)

McKINNEY, MARSH & CUSHING, Inc., v. JACKSON HEALTH RESORT, Inc.

District Court, W. D. New York.

February 16, 1932.

Attorney(s) appearing for the Case

Botsford, Mitchell, Albro, & Weber, of Buffalo, N. Y. (Preston M. Albro, of Buffalo, N. Y., of counsel), for receivers.

Joseph Schultz, of New York City, for purchaser of Physical Culture Hotel, Inc.

ADLER, District Judge.

This is a motion by the equity receivers of the defendant corporation to compel the purchaser of the property of the defendant to pay to the state of New York a franchise tax dating from the 1st day of June, 1928.

I will first determine whether a franchise tax is due at all.

The purchaser of the property contends that no tax is due, and in fact the state of New York from the 1st day of June, 1928, has assessed the receivership...

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