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KEARNEY v. A'HEARN

No. 40, Docket 27392.

309 F.2d 487 (1962)

Michael and Betty T. KEARNEY, Plaintiffs-Appellants, v. Harold B. A'HEARN, Former District Director of Internal Revenue for the former Upper Manhattan District of New York, Kenneth W. Moe, Former District Director of Internal Revenue for the former Upper Manhattan and present Manhattan District of New York, and The United States of America, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided October 26, 1962.

Attorney(s) appearing for the Case

Michael Kearney, pro se, Fort Lee, N. J., for plaintiffs-appellants.

Morton L. Ginsberg, Asst. U. S. Atty., Southern District of New York (Vincent L. Broderick, U. S. Atty., Southern District of New York, on the brief), (Robert Arum, Asst. U. S. Atty., of counsel), for defendants-appellees.

Before WATERMAN, HAYS and MARSHALL, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Levet, J., granting the motion of defendants-appellees for summary judgment, and denying the motion of plaintiffs-appellants for an injunction pending appeal and for leave to file a second amended complaint 210 F.Supp. 10. Appellants' action pursuant to 28 U.S.C.A. § 1346(a) sought an injunction against...

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