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C. LUDWIG BAUMAN & CO. v. MARCELLE

Civ. A. No. 9321.

105 F.Supp. 780 (1952)

C. LUDWIG BAUMAN & CO. v. MARCELLE, Commissioner of Internal Revenue, et al.

United States District Court E. D. New York.

May 27, 1952.

Attorney(s) appearing for the Case

Greenbaum, Wolff & Ernst, New York City, for the plaintiff, by Edward S. Greenbaum, Theodore S. Jaffin, and Maurice Greenbaum, New York City, of counsel.

Frank J. Parker, U. S. Atty. for Eastern District of New York, Brooklyn, N. Y., by Frederick G. Rita, Asst. U. S. Atty., Washington, D. C., and Nathan Borock, Asst. U. S. Atty., Brooklyn, N. Y.

RAYFIEL, District Judge.

This is an action under Title 28 U.S.C. §§ 1331, 1340 and 1346, for the recovery of internal revenue taxes wrongfully, erroneously and illegally assessed and collected. The facts, which were stipulated, are as follows:

On November 12, 1929, the plaintiff, a New York corporation leased from Raystarr Holding Corporation, also a New York corporation, hereinafter referred to as Raystarr, the warehouse premises known as No. 49...

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