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GUTTMAN v. UNITED STATES

No. 61-C-339.

196 F.Supp. 384 (1961)

Ann GUTTMAN, Plaintiff, v. UNITED STATES of America, District Director of Internal Revenue for the Brooklyn District, and the Prudential Insurance Company of America, Defendants.

United States District Court E. D. New York.

June 22, 1961.

Attorney(s) appearing for the Case

Siegelbaum & LoPresti, New York City, for plaintiff.

Joseph P. Hoey, U. S. Atty., Brooklyn, N. Y., Jon E. Hammer, Brooklyn, N. Y., of counsel, for defendant, United States of America.

Levine & Schechter, New York City, for defendant, Prudential Ins. Co. of America.

MISHLER, District Judge.

This is a motion made by the defendants, the United States of America and District Director of Internal Revenue for the Brooklyn District, for an order dismissing the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the grounds (1) that the Court lacks jurisdiction over the subject matter, (2) plaintiff seeks relief which is barred by Title 28 U.S.C. § 2201, (3) that the United States of America...

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