BOTTA v. SCANLON

No. 190, Docket 27408.

314 F.2d 392 (1963)

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 February 18, 1963.

On Rehearing March 8, 1963.


Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City (Marvin Margolis, New York City, on the brief), for appellants.

Ralph A. Muoio, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner, Dept. of Justice, Washington, D. C., Joseph P. Hoey, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., on the brief), for appellee.

Before LUMBARD, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.


LUMBARD, Chief Judge.

This is an appeal from an order of the United States District Court for the Eastern District of New York, Rayfiel, J., dismissing the appellants' complaint. 198 F.Supp. 899 (1961). On appeal from a prior dismissal of their complaint, 187 F.Supp. 856 (E.D.N.Y.1960), this court modified the order of the district court so as to permit the appellants to file an amended complaint...

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