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SHERWOOD v. SCANLON

Civ. A. No. 62-C-94.

207 F.Supp. 686 (1962)

Ogden M. SHERWOOD, Plaintiff, v. Thomas E. SCANLON, District Director of Internal Revenue for the Eastern District of New York, Defendant

United States District Court E. D. New York.

June 15, 1962.

Attorney(s) appearing for the Case

M. Francis Bravman, New York City, for plaintiff. Charles L. Kades, Charles V. O'Neill, New York City, of counsel.

Joseph P. Hoey, U. S. Atty., E. D. of New York, for defendant. Stanley F. Meltzer, Asst. U. S. Atty., John G. Penn, Dept. of Justice, Washington, D. C., of counsel.

BRUCHHAUSEN, District Judge.

This action was commenced pursuant to 28 U.S.C.A. § 1340. The plaintiff seeks to have an assessment for federal taxes declared null and void, to set aside the assessment, to abate the tax and enjoin the defendant, pendente lite. A temporary restraining order is in effect, enjoining the defendant from seizing the proceeds of a trust fund for the benefit of the plaintiff.

The defendant cross-moved for a dismissal of the action...

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