JOLLES FOUNDATION v. MOYSEY

No. 23, Docket 24467.

250 F.2d 166 (1957)

The JOLLES FOUNDATION, Inc., Plaintiff-Appellant, v. Donald R. MOYSEY, Individually and as District Director, Internal Revenue Service, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 6, 1957.


Attorney(s) appearing for the Case

Alexander C. Dick, New York City, (James G. Mitchell, Clarence C. Meleney and Meleney, Mitchell & Dick, New York City, on the brief), for plaintiff-appellant, The Jolles Foundation, Inc.

John S. Clark, Asst. U. S. Atty., S. D. New York, New York City (Paul W. Williams, U. S. Atty., S. D. New York, New York City, on the brief), for defendant-appellee, Donald R. Moysey, Individually and as District Director, Internal Revenue Service.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and LEIBELL, District Judge.


MOORE, Circuit Judge.

Plaintiff-appellant, The Jolles Foundation, Inc. (referred to as "the Foundation") brought this action against Donald R. Moysey, individually and as District Director, Internal Revenue Service, seeking a "judgment declaratory of its rights under said Constitution [the Constitution of the United States] pursuant to United States Code, Title 28, Section 2201," i.e., the Federal Declaratory Judgment Act. More specifically the Foundation prays for...

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