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TOBERMAN GRAIN COMPANY v. COYLE

No. 70 C 564 (1).

326 F.Supp. 337 (1971)

TOBERMAN GRAIN COMPANY, a Corporation, v. Eugene C. COYLE, District Director of Internal Revenue.

United States District Court, E. D. Missouri, E. D.

April 23, 1971.

Attorney(s) appearing for the Case

Richard D. FitzGibbon, Lowenhaupt, Chasnoff, Freeman & Holland, St. Louis, Mo., for plaintiff.

Daniel Bartlett, Jr., U. S. Atty., Harold E. Zahner, Asst. U. S. Atty., St. Louis, Mo., Paul R. Wallace, Trial Atty., Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM

MEREDITH, Chief Judge.

This matter is before the Court on defendant's motion to dismiss for lack of jurisdiction. The grounds asserted by defendant in support of this motion are: (a) the plaintiff's action is one for a declaratory judgment, which is specifically barred by 28 U.S.C. § 2201; (b) the suit in question is against the United States and the United States has not waived its sovereign immunity; and (c) the action is, in fact, one...

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