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DUNHAM v. UNITED STATES

Civ. No. 11572.

301 F.Supp. 700 (1969)

Carroll DUNHAM, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. SECOND NATIONAL BANK OF NEW HAVEN, Third-Party Defendant.

United States District Court D. Connecticut.

May 9, 1969.

Attorney(s) appearing for the Case

Arthur C. Williams, Williams, Smith & Runyon, Bridgeport, Conn., for plaintiff.

Jon O. Newman, U. S. Atty., Hartford, Conn., and Gerald Fain, Dept. of Justice, Tax Division, Washington, D. C., for defendant and third party plaintiff.

Richard G. Bell, Schuyler Jackson, and Louis M. Winer, Tyler, Cooper, Grant, Bowerman & Keefe, New Haven, Conn., for third party defendant.

RULING ON MOTION FOR SUMMARY JUDGMENT

ZAMPANO, District Judge.

In this action, plaintiff Carroll Dunham seeks a withholding and social security tax refund of $48.68 from the United States for taxes he paid on behalf of an employee of J. A. Otterbein, Inc., (Otterbein). 28 U.S.C. § 1346(a) (1). The government answered and filed a counterclaim for $10,939.21, the balance of a penalty tax assessed under 26 U.S. C. §§ 6671(b) and 6672, against...

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