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ROBERTO v. UNITED STATES

No. 530, Docket 73-1975.

518 F.2d 1109 (1975)

Ruperto ROBERTO t/a Caborrojeno Caterers, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 27, 1975.

Attorney(s) appearing for the Case

Leonard Bailin, P. C., New York City, for plaintiff-appellant.

Richard Weisberg, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., S. D. N. Y., V. Pamela Davis, Asst. U. S. Atty., of counsel), for defendant-appellee.

Before FRIENDLY and MANSFIELD, Circuit Judges, and BARTELS, District Judge.

PER CURIAM:

Ruperto Roberto appeals from a judgment of the United States District Court for the Southern District of New York after a non-jury trial before Judge Richard H. Levet, dismissing his complaint for a refund of $250 in cabaret taxes and granting the Government's counterclaim in the amount of $164,741.77 for cabaret taxes assessed by the District Director of Internal Revenue for the period from July 1, 1958 through December 31, 1961, plus $74,852.24 interest...

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