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PEZZNOLA v. UNITED STATES

Nos. 5060, 5061.

232 F.2d 907 (1956)

Guy R. PEZZNOLA, Plaintiff, Appellant, v. UNITED STATES of America, Appellee (two cases).

United States Court of Appeals First Circuit.

Rehearing Denied May 31, 1956.

Attorney(s) appearing for the Case

Reuben Goodman, Boston, Mass. (Paul T. Smith, Manuel Katz and Joseph T. Doyle, Boston, Mass., on the brief), for appellant.

William J. Koen, Asst. U. S. Atty., Boston, Mass. (Anthony Julian, U. S. Atty., and George H. Lewald, Asst. U. S. Atty., Boston, Mass., on the brief), for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

The defendant was sole proprietor of the enterprise known as Guy's Garage prior to its incorporation as Guy's Super Service Garage, Inc. His first name appears in the corporate title, he was an organizer of the corporation, he was a stockholder, and he was treasurer from its creation through the years here involved. He had access to the corporate records, and he with only Duggan, the president, now deceased, and Mrs. Simansky, the bookkeeper...

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