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BOTTA v. SCANLON

Civ. 60-C-239.

187 F.Supp. 856 (1960)

Michael BOTTA, Ernest Montagni and Salvatore Santaniello, Plaintiffs, v. Thomas E. SCANLON, District Director of Internal Revenue for the District of Brooklyn, Defendant.

United States District Court E. D. New York.

July 27, 1960.

Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City, for plaintiffs.

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern District of New York, Brooklyn, N. Y., for defendant, Jon H. Hammer, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

BARTELS, District Judge.

Motion by defendant to dismiss the complaint on the grounds that (i) it fails to state a claim upon which relief can be granted (Rule 12(b) (6), Fed.Rules Civ.Proc., 28 U.S.C.A.), (ii) Section 7421 of the Internal Revenue Code of 1954, 26 U.S.C.A.1, bars the relief sought by plaintiffs, (iii) there has been a failure to join an indispensable party (Rule 19) and (iv) no relief may be had herein under the Declaratory...

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