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UNITED STATES v. LONG ISLAND DRUG CO.

No. 353.

29 F.Supp. 737 (1939)

UNITED STATES v. LONG ISLAND DRUG CO., Inc., et al.

District Court, E. D. New York.

October 6, 1939.

Attorney(s) appearing for the Case

Harold M. Kennedy, U. S. Atty., Eastern District of New York, and Vine H. Smith, Asst. U. S. Atty., both of Brooklyn, N. Y., and Mario Pittoni, Asst. U. S. Atty., of New York City.

Otho S. Bowling, of New York City, for defendants.

MOSCOWITZ, District Judge.

This action is to enforce a statutory liability pursuant to Section 1114 (e) (f) of the 1926 Revenue Act (1939 Internal Revenue Code, Section 3710 (a) (b) (c); Title 26, U.S.C. § 1610, 26 U.S.C.A. § 1610), which states as follows:

"Any person in possession of property, or rights to property, subject to distraint, upon which a levy has been made, shall, upon demand by the collector or deputy collector making such levy, surrender...

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