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LABOWITZ v. UNITED STATES

No. 68 Civ. 1207.

352 F.Supp. 202 (1972)

Joseph LABOWITZ, Plaintiff, v. UNITED STATES of America, Defendant. UNITED STATES of America, Third-Party Plaintiff, v. Dennis SCHUSTER, Third-Party Defendant.

United States District Court, S. D. New York.

December 21, 1972.

Attorney(s) appearing for the Case

Schoengold & Sporn, New York City, for plaintiff; Samuel Sporn, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., S. D. New York, for defendant and third-party plaintiff; Milton Sherman, Steven J. Glassman, Asst. U. S. Attys., of counsel.

Alba, Levy & Garofalo, New York City, for third-party defendant; Philip Alba, New York City, of counsel.

OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW

LEVET, District Judge.

Plaintiff in this controversy, Joseph Labowitz ("Labowitz"), is suing the United States of America for a refund of a partial payment of an assessment, in the amount of $13,813.61 against Joseph Labowitz and/or Dennis Schuster, for the unpaid withholding taxes of the Maspeth Steel Co., Inc. ("Maspeth") for the quarterly periods ending September 30, 1960, June 30, 1961, September 30, 1961...

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