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UNITED STATES v. BOWERY SAVINGS BANK

No. 127, Docket 26569.

297 F.2d 380 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. BOWERY SAVINGS BANK, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 6, 1961.

Attorney(s) appearing for the Case

Richard W. Hagan, New York City, Cadwalader, Wickersham & Taft, New York City (Jacquelin A. Swords, Richard W. Hagan, New York City, of counsel), for appellant.

Morton L. Ginsberg, New York City (Robert M. Morgenthau, U. S. Atty., S.D. N.Y.; Morton L. Ginsberg and Lola S. Lea, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before LUMBARD, Chief Judge, FRIENDLY and SMITH, Circuit Judges.

FRIENDLY, Circuit Judge.

Bowery Savings Bank appeals from an order of the District Court for the Southern District of New York granting summary judgment to the United States in an action under § 6332 of the Internal Revenue Code of 1954 for failure to respond to a levy, under § 6331, 26 U.S.C.A. §§ 6331, 6332, in the amount of $451.55, upon the account of a taxpayer, Clare Peter Johnson, Jr. The Bowery admitted that an account had been opened in...

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