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UNITED STATES v. FONTANA

Nos. 80 CIV 1527 (LBS), 80 CIV 4105 (LBS).

528 F.Supp. 137 (1981)

UNITED STATES of America, Plaintiff, v. Fred B. FONTANA, Virginia Fontana, Great Lakes Carbon Corporation and the Sheriff of Westchester County, Defendants. GREAT LAKES CARBON CORPORATION, Plaintiff, v. Fred B. FONTANA, Virginia Fontana, Material Handling Consultants, and The United States of America, Defendants.

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

October 13, 1981.

Attorney(s) appearing for the Case

John S. Martin, Jr., U. S. Atty., S. D. N. Y., J. D. Pope, Asst. U. S. Atty., New York City, for plaintiff.

Butler, Fitzgerald & Potter, Stuart Potter, David K. Fiveson, New York City, for Great Lakes Carbon Corp.

Dennis M. Fox, White Plains, N. Y., for Fred B. Fontana, Virginia Fontana and Material Handling Consultants.

Samuel S. Yasgur, County Atty., County of Westchester, White Plains, N. Y., for Sheriff of Westchester County; Brian Powers, White Plains, N. Y., of counsel.

OPINION

SAND, District Judge.

The United States has, by order of this Court dated July 8, 1981, obtained a judgment against the Fontanas in the amount of $102,404.92. The underlying debt which gives rise to this judgment represents unpaid federal income taxes owed for the years 1974 and 1975, plus statutory additions, interest and penalties.

Prior to obtaining judgment, the United States attempted to levy upon a fund of money held by the Sheriff...

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