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DeNUBILO v. UNITED STATES

No. 329, Docket 29341.

343 F.2d 455 (1965)

Rocco and Anthony DeNUBILO, d/b/a Roc's Tavern, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 17, 1965.

Attorney(s) appearing for the Case

Gerard R. Gemmette, Schenectady, (Louis Lombardi, Schenectady, on the brief), for plaintiffs-appellants.

Meyer Rothwacks, Department of Justice, Washington, D. C. (Richard M. Roberts, Acting Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Marco S. Sonnenschein, Attorneys, Department of Justice, Justin J. Mahoney, U. S. Atty. for Northern District of New York, on the brief), for defendant-appellee.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.

PER CURIAM:

The plaintiffs, who as partners own and operate a restaurant-tavern in Schenectady, New York, sued the United States to recover $469.68 allegedly erroneously assessed as an excise tax deficiency for the first quarter of calendar year 1956. They now seek to appeal from an order of the District Court for the Northern District of New York denying their motion to amend their complaint to embrace an additional $5,485.81 paid to meet deficiency assessments for...

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