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PIZZARELLO v. UNITED STATES

No. 110, Docket 32532.

408 F.2d 579 (1969)

Emilio PIZZARELLO, Appellant, v. UNITED STATES of America, Edward J. Fitzgerald, Jr., District Director of Internal Revenue for the District of Manhattan, and Sheldon Cohen, Commissioner of Internal Revenue of the United States of America, Respondents.

United States Court of Appeals Second Circuit.

Decided March 18, 1969.

Attorney(s) appearing for the Case

James G. Starkey, Brooklyn, N. Y., for appellant.

Martin Paul Solomon, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, New York City, and Irwin B. Robins, Asst. U. S. Atty., on the brief), for respondents.

Before WATERMAN and MOORE, Circuit Judges, and BONSAL, District Judge.

MOORE, Circuit Judge:

Emilio Pizzarello (appellant) appeals from an order of the District Court for the Southern District of New York, 285 F.Supp. 147, entered in an action to enjoin the levy of a jeopardy assessment1 for unpaid wagering taxes on money illegally seized by the United States (the Government). The order, entered on May 31, 1968, denied appellant's application for a preliminary injunction...

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