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MARSHALL v. U.S.

No. CV 91-3557 (MLO).

831 F.Supp. 988 (1993)

Ellen MARSHALL, individually, and as mother and natural guardian of Sabrina Marshall and Grant Marshall, infants under the age of 14 years, Plaintiffs, v. UNITED STATES of America, Defendant, and The Bank of New York, Stakeholder.

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

June 14, 1993.

Attorney(s) appearing for the Case

John Marshall, Plainview, NY, for plaintiffs.

Andrew D. Plepler, Keith Morgan, Dept. of Justice, Tax Div., for Government.

Jean Shedlock, Bank of New York, for Stakeholder.

AMENDED MEMORANDUM AND ORDER

ORENSTEIN, United States Magistrate Judge.

Plaintiffs seek a judgment declaring that: (1) plaintiff, Ellen Marshall, is the custodian of these accounts; (2) the United States has no legal interest in these accounts; and (3) The Bank of New York has no legal duty to pay to the Government the monies held in these accounts. In addition, plaintiffs seek to enjoin the United States of...

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