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HELLER v. SCANLON

No. 61-C-326.

196 F.Supp. 832 (1961)

Joseph I. HELLER, Plaintiff, v. Thomas E. SCANLON, District Director of Internal Revenue for the District of Brooklyn, New York, Defendant.

United States District Court E. D. New York.

July 7, 1961.

Attorney(s) appearing for the Case

Weisman, Allan, Spett & Sheinberg, New York City, for plaintiff. Herbert R. Berk, Robert Cahn, New York City, of counsel.

Joseph P. Hoey, U. S. Atty., E. D. 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 herein, pursuant to Rule 12(b), Fed.Rules Civ.Proc., 28 U.S.C.A.

The action, commenced pursuant to 28 U.S.C.A. § 1340, is primarily for injunctive relief against the enforcement by the District Director of Internal Revenue of certain tax liens arising out of penalty assessments imposed pursuant to Section 6672 of the Internal Revenue Code...

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