UNITED STATES v. MELCHIORRE

Civ. A. No. 5431.

292 F.Supp. 305 (1968)

UNITED STATES of America, Plaintiff, v. Ignazio MELCHIORRE, formerly t/a Italian-American Grocery Co., Lomin Company, Inc., Char-Ben Corp. and Ester Elson, Defendants.

United States District Court E. D. Virginia, Norfolk Division.

August 16, 1968.


Attorney(s) appearing for the Case

C. V. Spratley, Jr., U. S. Atty., Norfolk, Va., Clarence J. Grogan, Tax Division, Dept. of Justice, Washington, D. C., for plaintiff.

Fine, Fine, Legum & Schwan, Norfolk, Va., for Lomin Co.

Maurice Steingold, Norfolk, Va., for Char-Ben and Elson.

Melvin J. Radin, Norfolk, Va., for Elson.

Russo, White & Katherman, Norfolk, Va., for Norman Hecht.

No appearance for Melchiorre.


MEMORANDUM

WALTER E. HOFFMAN, Chief Judge.

Defendant landlords, Lomin Company, Inc., Char-Ben Corp., and Ester Elson, are competing for the fund presently in the possession of the defendant, Norman Hecht, Trustee, alleging that their claim to this fund is senior and prior to that of the federal tax liens asserted here by the Government. In response to requests for admissions filed and served in this case, defendants have admitted the following:

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