KEARNEY v. A'HEARN


210 F.Supp. 10 (1962)

Michael and Betty T. KEARNEY, Plaintiffs, v. Harold B. A'HEARN et al., Defendants.

United States District Court S. D. New York.

On Motion For Summary Judgment February 26, 1962.


Attorney(s) appearing for the Case

Michael Kearney, Fort Lee, N. J., for plaintiffs.

Robert M. Morgenthau, U. S. Atty., for S. D. of New York, for defendants; Morton L. Ginsberg, Asst. U. S. Atty., of counsel.


LEVET, District Judge.

In an action brought pursuant to 28 U.S.C.A. § 1346(a), plaintiffs-taxpayers, husband and wife, seek the following divers relief: An injunction restraining the defendant District Director Moe and his agents from collecting an alleged income tax deficiency of plaintiffs for the taxable year 1953; a writ of mandamus requiring said Director to issue a statutory deficiency notice for the plaintiffs' taxable year 1953; and judgment for plaintiffs...

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