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MELILLO v. UNITED STATES

No. 62-C-260.

244 F.Supp. 323 (1965)

Joseph MELILLO, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Salvatore PISCELLA, August Cognetta, Antoinette Cognetta, Third-Party Defendants.

United States District Court E. D. New York.

May 14, 1965.

Attorney(s) appearing for the Case

Noah Seedman, Brooklyn, N. Y., for plaintiff.

Joseph P. Hoey, U. S. Atty., Eastern District of New York, for defendant and third-party plaintiff.

Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, David A. Wilson, Jr., Herman Wilson, Attorneys, Department of Justice, Washington, D. C., Noah Seedman, Brooklyn, N. Y., for third-party defendants, August Cognetta and Antoinette Cognetta.

ZAVATT, Chief Judge.

This is an action for the refund of $2,047.96 assessed against the plaintiff pursuant to Sections 6671 and 6672 of the Internal Revenue Code of 1954,1 and collected from him by the United States (hereinafter defendant). By an order of this court dated February 7, 1963, the defendant was permitted to implead Salvatore Piscella, August Cognetta and Antoinette Cognetta as...

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