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CITY ATHLETIC CLUB v. UNITED STATES

No. 226, Docket 24336.

242 F.2d 43 (1957)

CITY ATHLETIC CLUB, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 8, 1957.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman & Hays, New York City (Jay O. Kramer, New York City, of counsel), for plaintiff-appellant.

Paul W. Williams, U. S. Atty. for Southern Dist. of New York, New York City (Foster Bam, Asst. U. S. Atty., New York City, of counsel), for defendant-appellee.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and J. JOSEPH SMITH, District Judge.

J. JOSEPH SMITH, District Judge.

Plaintiff City Athletic Club was organized as a Membership Corporation under New York law. Pursuant to a vote of its members, it levied on all its members an assessment in 1948 payable if desired in monthly instalments over a two year period. The assessment, to raise additional funds for repairs, replacements and improvements to the club's property, which was for an amount over and above the regularly collected dues, was billed to...

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