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WAHLER v. CHURCH

Civ. A. No. 66-C-65.

260 F.Supp. 307 (1966)

Emil M. WAHLER, Plaintiff, v. Charles A. CHURCH, Director of Internal Revenue for the District of Brooklyn, Defendant.

United States District Court E. D. New York.

April 7, 1966.

Attorney(s) appearing for the Case

Howard H. Stone, Brooklyn, N. Y., for plaintiff.

Joseph P. Hoey, U. S. Atty., E. D. of New York, for defendant.

Julius Zizmor, New York City, for cross-claim defendant, Sol Meisels.

MISHLER, District Judge.

Plaintiff, Emil M. Wahler, moves for a "temporary restraining order" enjoining defendant from any and all action in the enforcement or collection of taxes or penalties assessed against him during the pendency of this action. Defendant moves pursuant to Rule 12(f) of the Federal Rules of Civil Procedure for an order striking that part of the complaint herein which prays for a temporary restraining order; defendant likewise opposes the instant...

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