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FILIPOWICZ v. ROTHENSIES

No. 592.

31 F.Supp. 716 (1940)

FILIPOWICZ v. ROTHENSIES, Collector of Internal Revenue, et al.

District Court, E. D. Pennsylvania.

February 16, 1940.

Attorney(s) appearing for the Case

Kraus & Weyl and Jerome L. Markovitz, both of Philadelphia, Pa., for plaintiff.

J. Cullen Ganey, U.S. Atty., Thomas J. Curtin, Asst. U. S. Atty., and Herman Toll, all of Philadelphia, Pa., for defendants.

KALODNER, District Judge.

Plaintiff filed a petition for a declaratory judgment, seeking adjudication by this court as to the title to certain dividends declared by a bankrupt estate.

The defendant Rothensies filed a motion to dismiss questioning (1) the jurisdiction of the court over the subject matter of the petition and (2) sufficiency of the petition.

The petition for the declaratory judgment discloses:

The plaintiff was in June, 1938,...

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