NEWBERG v. UNITED STATES


187 F.Supp. 158 (1960)

Mal NEWBERG, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

September 20, 1960.


Attorney(s) appearing for the Case

Markham & Strauss, New York City, for plaintiff.

S. Hazard Gillespie, Jr., U. S. Atty., Southern District of New York, New York City, Myron J. Wiess, Asst. U. S. Atty., New York City, of counsel, for defendant.


METZNER, District Judge.

This is a tax refund action. The Government moves for dismissal of the complaint on the ground that it does not state a claim upon which relief can be granted. F.R.Civ.P. 12(b) (6), 28 U.S. C.A.

Plaintiff filed a petition in bankruptcy in June of 1947. In October of that year the District Collector of Internal Revenue filed a proof of claim with the referee in bankruptcy aggregating $200.91. The plaintiff was subsequently discharged...

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