BINDER v. UNITED STATES

No. 63 Civ. 2992.

262 F.Supp. 713 (1966)

Charles B. BINDER and Milushka Binder, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

April 21, 1966.


Attorney(s) appearing for the Case

Gabriel T. Pap, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty., Southern District of New York, for defendant; Harvey R. Blau, Grant B. Hering, Asst. U. S. Attys., of counsel.


LEVET, District Judge.

This is an income tax refund action commenced by plaintiffs pursuant to 28 U.S.C. § 1346(a) (1) in which they seek the return of some $2,060.98. The real party in interest is Milushka Binder (also known at times as Mileva Binder). Her husband is named only because the income tax returns for the years in question were filed in their joint names.

The basis of plaintiff's action is that she alleges she is entitled to a net operating...

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