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UNITED STATES v. JACOBS

No. 63 Civ. 1329.

304 F.Supp. 613 (1969)

UNITED STATES of America, Plaintiff, v. David JACOBS, New York Credit Men's Adjustment Bureau, Inc., Doris Kolmer, Richard Kolmer, as Executor of the Estate of Max Kolmer, deceased, and Arthur Levine, Herbert Levine and David Jacobs, as Executors of the Estate of Benjamin Levine, deceased, and Kolmer & Company, Inc., Defendants.

United States District Court S. D. New York.

Modified May 19, 1969.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern District of New York, for plaintiff; Alan G. Blumberg, Brian J. Gallagher, Asst. U. S. Attys., of counsel.

David Jacobs, New York City, escrowee, defendant and defendant pro se and for defendants Richard Kolmer as Executor of the Estate of Max Kolmer, deceased, David Jacobs, Arthur Levine and Herbert Levine, as Executors of the Estate of Benjamin Levine, deceased, and Kolmer & Company, Inc.; Louis Gruss, New York City, of counsel.

Hahn, Hessen, Margolis & Ryan, New York City, for defendant New York Credit Men's Adjustment Bureau, Inc.; George A. Hahn, New York City, of counsel.

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for defendant Doris Kolmer; Herbert N. Bobrow, Neil A. Pollio, New York City, of counsel.

LEVET, District Judge.

The United States of America instituted this action (1) to recover judgment against defendant Kolmer & Company, Inc. on an assessment for unpaid taxes of $108,328.26 plus interest, and (2) to recover the amount of said judgment out of an escrow fund held by David Jacobs, an attorney. Jurisdiction is claimed pursuant to Title 28 U.S.C.A. §§ 1340 and 1345.

Defendant Kolmer & Company, Inc. (herein called "the corporation...

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