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NEW YORK MILK SHED TRANSPORTATION v. MEYERS

Civ. No. 5772.

144 F.Supp. 174 (1956)

NEW YORK MILK SHED TRANSPORTATION, Inc. with its principal office and place of business at 1915 Dwyer Avenue, Utica, N. Y., Plaintiff, v. Alva M. MEYERS, Jr., as District Director of Internal Revenue of the Treasury Department of the United States and Internal Revenue Service, Defendant.

United States District Court N. D. New York.

July 5, 1956.

Attorney(s) appearing for the Case

William R. Goldbas, Utica, N. Y., for plaintiff.

Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., Theodore E. Munson, Asst. U. S. Attorney, Juneau, Alaska, of counsel, for defendant.

BRENNAN, Chief Judge.

The disposition of this motion requires the application of more practical considerations than legal principles.

About August 24, 1955 plaintiff commenced an action in the Supreme Court of the State of New York to enjoin the defendant from the sale of certain real property under a tax lien. The complaint sought an adjudication that said lien was invalid and should be cancelled as against the real property known as 1915 Dwyer Avenue, Utica...

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