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BOTTA v. SCANLON

No. 236, Docket 26563.

288 F.2d 504 (1961)

Michael BOTTA, Ernest Montagni and Salvatore Santaniello, Appellants, v. Thomas E. SCANLON, District Director of Internal Revenue for the District of Brooklyn, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided March 6, 1961.

Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City, for appellants.

Fred E. Youngman, Department of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Department of Justice, A. F. Prescott, Department of Justice, Washington, D. C.; Cornelius W. Wickersham, Jr., U. S. Atty. for the Eastern District of New York, Jon H. Hammer, Asst. U. S. Atty., Eastern District, Brooklyn, N. Y., of counsel), for appellee.

Before CLARK, MAGRUDER and MOORE, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

The plaintiffs, Michael Botta, Ernest Montagni and Salvatore Santaniello appeal from an order dismissing their complaint against the District Director of Internal Revenue for the District of Brooklyn, New York (the Director). In substance the complaint alleged that Thru-County Plumbing and Heating Co., Inc. (Thru-County), a New York corporation, was adjudicated a bankrupt on February 14, 1958; that Thru-County owed to Internal Revenue...

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