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DRAKE v. UNITED STATES

191 F.Supp. 84 (1961)

Ruth Elizabeth DRAKE, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

February 6, 1961.

Attorney(s) appearing for the Case

Aaron M. Diamond, New York City, for plaintiff. Leo Kuperschmid, New York City, of counsel.

S. Hazard Gillespie, Jr., U. S. Atty., New York City, for defendant. William F. Suglia, Asst. U. S. Atty., New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge.

Plaintiff sues under 28 U.S.C. § 1346 to recover income taxes for the year 1945, and interest, alleged to have been erroneously assessed and collected in the amount of $5,472.03. There are cross-motions for summary judgment pursuant to Rule 56, F.R.Civ.P., 28 U.S.C.A. The facts, which are undisputed, are as follows:

On November 27, 1936 plaintiff entered into a separation agreement with her

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