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ADCO SERVICE, INC. v. GRAPHIC COLOR PLATE

137 N.J. Super. 39 (1975)

347 A.2d 549

ADCO SERVICE, INC., A CORPORATION, ASSIGNEE OF ROBERT J. MORROW, PLAINTIFF, v. GRAPHIC COLOR PLATE, A DIVISION OF CYBERMATICS, INC., A CORPORATION, AND GRAPHIC COLOR PLATE, INC., A CORPORATION, DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. UNITED STATES OF AMERICA, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 24, 1975.

Attorney(s) appearing for the Case

Mr. Rexford Lyon for Petitioner (Messrs. Sobel & Lyon, attorneys).

Mr. Garland C. Tanks, Assistant United States Attorney, for third-party defendant United States of America (Mr. Jonathan L. Goldstein, United States Attorney, attorney)

YANOFF, J.C.C., Temporarily Assigned.

This case is the second round of litigation resulting from an assignment of a contract by a person whose assets were subject to a lien for withholding taxes due the United States. For a complete understanding it is necessary to summarize the facts of that transaction.

Richard J. Morrow, as corporate officer, became indebted to the United States for withholding of FICA taxes. After

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