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DICKERT v. HICKEY

47 F.Supp. 577 (1940)

DICKERT v. HICKEY, Collector of Internal Revenue, et al.

District Court, S. D. New York.

November 9, 1940.

Attorney(s) appearing for the Case

Budd, Coffey & Bertine, of Bronxville, N. Y. (Philip A. Obst, of New York City, of counsel), for complainant.

John T. Cahill, U. S. Atty., of New York City (William L. Lynch, of New York City, of counsel), for defendants.

HULBERT, District Judge.

Plaintiff, who maintains and operates a restaurant on East First Street in the City of Mount Vernon, in this District, seeks to permanently enjoin the defendants from executing a warrant of distraint to collect $403.70 (plus interest) assessed as a tax against the plaintiff on 367 gallons of alcohol, and from making any other levies on the same assessment.

It is alleged in the complaint that the tax was assessed upon liquor "possessed...

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