MERRILL v. UNITED STATES

Civil Action No. 1516.

55 F.Supp. 674 (1944)

MERRILL et al. v. UNITED STATES.

District Court, W. D. New York.

April 17, 1944.


Attorney(s) appearing for the Case

Babcock, Hollister, Newbury & Russ (now Babcock, Newbury & Russ), of Buffalo, N. Y., (Raymond W. Conklin, of Buffalo, of counsel), for plaintiffs.

George L. Grobe, U. S. Atty., of Buffalo, N. Y., Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Leland T. Atherton, Sp. Assts. to Atty. Gen., and Eugene J. Donnelly, Asst. U. S. Atty., of Buffalo, N. Y., for the Government.


KNIGHT, District Judge.

The defendant moves under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to dismiss this action for lack of jurisdiction.

The plaintiffs are Trustees of an express trust. In 1936 they withdrew from the trust "principal" commissions in the amount of $23,239.92. In the return for that year no deduction was taken for this amount so paid. In 1936 they withdrew as commissions $3,548.79 for the receipt...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases