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HESSLEIN v. HOEY

18 F.Supp. 169 (1937)

HESSLEIN v. HOEY.

District Court, S. D. New York.

January 25, 1937.

Attorney(s) appearing for the Case

White & Case, of New York City (Walter S. Orr and Josiah Willard, both of New York City, of counsel), for plaintiff.

Lamar Hardy, U. S. Atty., of New York City (Irvin C. Rutter, Asst. U. S. Atty., of New York City, of counsel), for defendant.

GODDARD, District Judge.

This is a motion to dismiss the complaint herein on the ground, that it does not set forth facts sufficient to constitute a cause of action. The action is one against the collector of internal revenue for the Second district of New York to recover the amount of a gift tax for 1934 alleged to have been illegally collected.

It appears from the complaint, and the trust indenture, and claim for refund, made a part of the complaint, that...

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