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DIAMOND v. STURR

Civ. No. 4108.

116 F.Supp. 28 (1953)

DIAMOND et al. v. STURR.

United States District Court, N. D. New York.

Submitted August 26, 1953.

Decided September 15, 1953.

Attorney(s) appearing for the Case

John T. DeGraff and Mortimer M. Kassell, Albany, N. Y., for plaintiffs.

H. Brien Holland, Asst. Atty. Gen., Andrew D. Sharpe, Fred J. Neuland, Sp. Assts. to Atty. Gen., for defendant, Anthony F. Caffrey, U. S. Atty., Syracuse, N. Y., of counsel.

BRENNAN, Chief Judge.

The sole question presented in this and the companion case of Bruen, et ano, v. Sturr, etc. may be stated; viz.: Is the value of maintenance furnished by the State of New York to employees, whose salaries are fixed by Section 40 of the Civil Service Law of the State of New York, McKinney's Consol.Laws, subject to federal income tax and to the withholding provisions of the federal tax law, when the employee is required to reside at the institution...

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