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UNITED STATES v. TOYS OF THE WORLD CLUB, INC.

170 F.Supp. 450 (1959)

UNITED STATES of America, Plaintiff, v. TOYS OF THE WORLD CLUB, INC., and Publishers Printing-Rogers Kellogg Corporation, Defendants.

United States District Court S. D. New York.

February 14, 1959.

Attorney(s) appearing for the Case

Arthur H. Christy, U. S. Atty., Southern Dist. of New York, New York City, Renee J. Ginberg, Asst. U. S. Atty., New York City, of counsel.

Wallstein, Menschel & Wallstein, New York City, for defendant Publishers Printing-Rogers Kellogg Corp.; Benjamin Menschel, New York City, of counsel.

DAWSON, District Judge.

This is a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. Plaintiff is seeking a judgment declaring the lien of the United States of America for taxes to be a lien upon the fund now held in escrow by defendant Publishers Printing-Rogers Kellogg Corporation (hereinafter called "Publishers") superior to any interest or lien of said defendant. Defendant Publishers has cross-moved for summary...

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