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UNITED STATES v. MIDTOWN BANK

6 F.Supp. 931 (1933)

UNITED STATES v. MIDTOWN BANK OF NEW YORK et al.

District Court, S. D. New York.

November 29, 1933.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Ira Koenig and David Paley, both of New York City, of counsel), for the United States.

Sherman & Goldring, of New York City (Samuel N. Leiterman, of New York City, of counsel), for defendant Midtown Bank of New York.

KNOX, District Judge.

This action was originally instituted against Isidor Gainsburg. It was based upon sections 1114 (e) and (f) of the Revenue Act of 1926 (26 USCA §§ 1268a, 1269), upon the theory that Gainsburg, having possession of property belonging to the Jacob Lerner Fur Company, Inc., a taxpayer, against which an assessment had been made, had refused to turn over the property on demand. Thereafter, Gainsburg, claiming that he was a mere stakeholder...

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