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OLLAREK v. UNITED STATES

No. 83 Civ. 4939 (PKL).

601 F.Supp. 815 (1985)

Stephen P. OLLAREK, Plaintiff, v. UNITED STATES of America, Defendant.

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

January 29, 1985.

Attorney(s) appearing for the Case

Sherman, Feigen & Slivka, New York City, for plaintiff; William Slivka, New York City, of counsel.

Rudolph W. Giuliani, U.S. Atty., New York City, for defendant; Jordan Stanzler, Asst. U.S. Atty., New York City, of counsel.

OPINION & ORDER

LEISURE, District Judge:

Plaintiff, Stephen P. Ollarek, brings this action, claiming that the government erroneously and illegally collected income taxes from him. He seeks to recover $7,717.88 in federal income taxes allegedly paid. He alleges that this Court has jurisdiction pursuant to 28 U.S.C. § 1346 and 26 U.S.C. § 7422.

The government seeks an order pursuant to Rules 12(b)(1), 12(b)(6) and 56 of the Federal Rules...

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