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UNITED STATES v. ROBERTS MOTOR EXPRESS, INC.

No. 68-CV-12.

375 F.Supp. 1165 (1973)

UNITED STATES of America, Plaintiff, v. ROBERTS MOTOR EXPRESS, INC., Defendant.

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

March 21, 1973.

Attorney(s) appearing for the Case

James M. Sullivan, Jr., U. S. Atty., Syracuse, N. Y., for plaintiff; Andrew F. Oehmann, Jr., Trial Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., Brian F. Mumford, Asst. U. S. Atty., Albany, N. Y., of counsel.

Di Fabio & Couch, Albany, N. Y., for defendant; Richard V. D'Alessandro, Albany, N.Y., of counsel.

MEMORANDUM-DECISION and ORDER

JAMES T. FOLEY, Chief Judge.

In this action by its amended complaint filed November 21, 1969, the government plaintiff seeks to recover substantial tax penalties and interest from defendant Roberts Motor Express, Inc. (Roberts) that relate to its federal tax obligations. Roberts had petitioned for and completed a 1968 Arrangement under Chapter XI of the Bankruptcy Act. Under the Arrangement, the principal sum of federal taxes...

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