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UNITED STATES v. SULLIVAN

No. 427, Docket 32007.

398 F.2d 672 (1968)

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, Plaintiffs-Appellees, 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 Robert K. Killian, Attorney General of the State of Connecticut, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided July 10, 1968.

Attorney(s) appearing for the Case

F. Michael Ahern, Asst. Atty. Gen., Hartford, Conn. (Robert K. Killian, Atty. Gen., Ralph G. Murphy, Richard A. Gitlin, Asst. Attys. Gen., on the brief), for defendants-appellants.

J. Edward Shillingburg, Atty., Dept. of Justice, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, William Massar, Attys., Washington, D. C.; Jon O. Newman, U. S. Atty. for the District of Connecticut, on the brief), for plaintiffs-appellees.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge.

This case was brought by the United States of America1 against various officials of the State of Connecticut to determine whether servicemen present in Connecticut solely by reason of military orders are subject to Connecticut's sales and use taxes. The United States District Court for the District of Connecticut, M. Joseph Blumenfeld, J., granted the motion of the United States for summary judgment,

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