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IRACI v. SCANLON

Civ. A. No. 61-C-187.

219 F.Supp. 796 (1963)

Louis F. IRACI and Angelo J. Paliotto, Plaintiffs, v. Thomas E. SCANLON, Director of Internal Revenue, First District, Brooklyn, New York, and United States of America, Defendants.

United States District Court E. D. New York.

June 7, 1963.

Attorney(s) appearing for the Case

Walter T. Kohn, New York City, for plaintiff.

Joseph P. Hoey, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., Stanley F. Meltzer, Asst. U. S. Atty., of counsel, for defendant.

MISHLER, District Judge.

Motion by plaintiffs for summary judgment. Motion by defendants for summary judgment.

The Court previously (December 12, 1961) passed on the sufficiency of the complaint when it was attacked on motion made pursuant to Rule 12(b) of the Federal Rules of Civil Procedure (202 F.Supp. 42) and the reargument of the determination (opinion dated January 30, 1962—202 F.Supp. 44).

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