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UNITED STATES v. LONG ISLAND DRUG CO.

No. 20.

115 F.2d 983 (1940)

UNITED STATES v. LONG ISLAND DRUG CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

December 16, 1940.

Attorney(s) appearing for the Case

Otho S. Bowling, of New York City, for defendants-appellants.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., and Mario Pittoni, Asst. U. S. Atty., of Lynbrook, N. Y., of counsel), for plaintiff-appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The following facts appear from the pleadings and the papers filed on a motion by the United States for a summary judgment against the defendant Long Island Drug Company, Inc.:

On the May 1933 list the Commissioner of Internal Revenue assessed a distilled spirit tax against the defendant Charles Steinberg and others in the amount of $8,393.55. The list was signed July 1, 1933, and received in the office of the Collector of...

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