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UNITED STATES v. SULLIVAN

Civ. No. 11928.

270 F.Supp. 236 (1967)

UNITED STATES of America, and Lieutenant Stanley D. Schuman, U.S.N., a member of the armed forces of the United States on active military service not a resident of or domiciled in the State of Connecticut, suing on behalf of himself and all servicemen or former servicemen similarly situated and affected v. John L. SULLIVAN, Tax Commissioner of the State of Connecticut, Gerald A. Lamb, Treasurer of the State of Connecticut, Louis I. Gladstone, Comptroller of the State of Connecticut; and Harold M. Mulvey, Attorney General of the State of Connecticut.

United States District Court D. Connecticut.

June 28, 1967.

Attorney(s) appearing for the Case

Jon O. Newman, U. S. Atty., David A. Golas, Asst. U. S. Atty., Hartford, Conn., Clinton B. D. Brown and William Masser, Dept. of Justice, Washington, D. C., for plaintiff.

Harold M. Mulvey, Atty. Gen., F. Michael Ahern, Ralph G. Murphy, Asst. Attys. Gen., Hartford, Conn., for defendant.

MEMORANDUM OF DECISION

BLUMENFELD, District Judge.

This is a suit by the United States and Lieutenant Stanley D. Schuman, U.S.N., on behalf of all nonresident or nondomiciliary military personnel now stationed in Connecticut against tax officials of the State of Connecticut. The Government seeks a judgment declaring that Connecticut's sales and use taxes (Chap. 219, Conn.Gen.Stat. § 12-406 to § 12-432, Rev. of 1958, as amended) cannot be collected...

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