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HOME INDEMNITY CO. v. BRENNAN

No. 75 Civ. 4732.

430 F.Supp. 828 (1977)

The HOME INDEMNITY COMPANY, on behalf of itself and on behalf of all other persons entitled to share in certain funds received by the United States of America, Internal Revenue Service, from Marvac Industries Corporation in connection with a public improvement known as the BOCES # 3 Special Education School located at Carman Road, Dix Hills, New York, Plaintiff, v. Charles H. BRENNAN, District Director, Brooklyn, et al., Defendants.

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

January 11, 1977.

Attorney(s) appearing for the Case

Hart & Hume, New York City, for plaintiff.

Robert B. Fiske, Jr., U. S. Atty., New York City, for defendants; William R. Bronner, Asst. U. S. Atty., New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

Plaintiff seeks the recovery of monies claimed to have been wrongfully accepted by defendants, the United States, Department of the Treasury, Internal Revenue Service ("IRS") and Charles H. Brennan ("Brennan"), District Director thereof, in satisfaction of certain tax liabilities of Marvac Industries Corporation ("Marvac"), on whose behalf plaintiff acted as surety. Defendants have moved, pursuant to Rule 12(b...

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