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ESCRO STORAGE & CARTAGE v. FRONTIER DISTR. L.

No. 441, Docket 71-1900.

456 F.2d 182 (1972)

ESCRO STORAGE AND CARTAGE, INC., Plaintiff-Appellant, v. FRONTIER DISTRIBUTION LINE, INC. and Internal Revenue Service, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 16, 1972.

Attorney(s) appearing for the Case

Richard B. Scott, Buffalo, N. Y. (Eugene C. Tenney, Buffalo, N. Y., on the brief), for plaintiff-appellant.

Leonard J. Henzke, Jr. (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks and Crombie J. D. Garrett, Attys., Tax Div., Dept. of Justice), for the United States.

Robert D. Gunderman, Buffalo, N. Y., for Frontier Distribution Line, Inc.

Before FEINBERG and TIMBERS, Circuit Judges, and THOMSEN, District Judge.

PER CURIAM:

Plaintiff Escro Storage and Cartage, Inc. appeals from an order of the United States District Court for the Western District of New York, John T. Curtin, J., dismissing its complaint against both defendants, Internal Revenue Service (IRS) and Frontier Distribution Line, Inc. (Frontier). The district court held that it lacked jurisdiction to entertain plaintiff's action for damages against the IRS, citing 28 U.S.C. § 2680(a), (c) and (h). The court...

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