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NYSA-ILA CONTAINER ROYALTY FUND BY BOWERS v. C.I.R.

No. 996, Docket 87-6267.

847 F.2d 50 (1988)

NYSA-ILA CONTAINER ROYALTY FUND by its Trustees John BOWERS, Albert Cernadas, Joseph F. Colazzo, Walter L. Sullivan, John J. Farrell, Robert B. Murphy, Michael E. Maher and A.L. Aberson, Appellants, v. COMMISSIONER OF INTERNAL REVENUE SERVICE and United States of America, Appellees.

United States Court of Appeals, Second Circuit.

Decided May 11, 1988.

Attorney(s) appearing for the Case

Donato Caruso and Ernest L. Mathews, Jr., New York City (C.P. Lambos, Lambos & Giardino, and Thomas W. Gleason, New York City, on the brief), for appellants.

Cynthia Keeffe Dunne, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., and Richard W. Mark, Asst. U.S. Atty., New York City, on the brief), for appellees.

Before TIMBERS, MESKILL and KEARSE, Circuit Judges.

TIMBERS, Circuit Judge:

Appellant NYSA-ILA Container Royalty Fund ("appellant") appeals from a judgment entered January 5, 1988 in the Southern District of New York, Richard Owen, District Judge, 684 F.Supp. 783, dismissing the complaint after the court, by an order dated October 9, 1987, (1) had granted the motion of the Commissioner of Internal Revenue to dismiss the complaint...

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