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RUDERMAN v. UNITED STATES

Nos. 69, 70, Docket 29717, 29718.

355 F.2d 995 (1966)

Julius RUDERMAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 18, 1966.

Attorney(s) appearing for the Case

Hyman Roffe, New York City (Morris A. Kaplan, New York City, on the brief), for plaintiff-appellant.

Martin T. Goldblum, Department of Justice, Washington, D. C. (Joseph P. Hoey, U. S. Atty. for Eastern District of New York, Brooklyn, N. Y., John B. Jones, Jr., Acting Asst. Atty. Gen., Lee A. Jackson and Meyer Rothwacks, Department of Justice, Washington, D. C. on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and LEVET, District Judge.

LUMBARD, Chief Judge:

Julius Ruderman brought this refund suit to recover interest charges assessed against him as transferee of the assets of D. I. Stone Co., Inc., and paid under protest.1 The district court denied the claim and we affirm that denial.

All the facts have been stipulated. During the years 1943-1945, Ruderman was the president and 50% stockholder of D. I. Stone Co., Inc., a New York corporation engaged in the manufacture...

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