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LUPIA'S ESTATE v. MARCELLE

Civ. 12514.

109 F.Supp. 6 (1953)

LUPIA'S ESTATE v. MARCELLE.

United States District Court E. D. New York.

January 2, 1953.

Attorney(s) appearing for the Case

Leon London, New York City, for plaintiffs.

Frank J. Parker, U. S. Atty. Eastern Dist. of New York, Brooklyn, for defendant, Frederic G. Rita, Sp. Asst. to Atty. Gen.

BYERS, District Judge.

This is a plaintiffs' motion to strike the answer and for summary judgment according to the prayer of the complaint in an action to recover payment of federal income tax. It was argued on October 29, and decision was deferred at the suggestion of both sides, pending the outcome of an appeal then pending in the Fifth Circuit, 200 F.2d 181, in the case of Bickerstaff v. Allen, D.C., reported in

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