LESSER v. UNITED STATES

No. 63-C-1228.

242 F.Supp. 486 (1965)

Jack M. LESSER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

March 5, 1965.


Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City, for plaintiff.

Joseph P. Hoey, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., for defendant; Peter J. Ciano, Washington, D. C., of counsel.


MISHLER, District Judge.

Plaintiff, Jack M. Lesser (taxpayer), moves pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment in respect of the counterclaim asserted by the defendant in its answer. It is evident from the papers submitted that the sole question to be decided revolves upon whether or not the applicable statute of limitations has run. If it has run, the motion must be granted; if not, it must be denied.

On March 8 and...

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