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123 EAST FIFTY-FOURTH STREET v. UNITED STATES

62 F.Supp. 488 (1945)

123 EAST FIFTY-FOURTH STREET, Inc., v. UNITED STATES.

District Court, S. D. New York.

July 19, 1945.

Attorney(s) appearing for the Case

Benet Polikoff, of New York City (Jack Clareman, of Brooklyn, N. Y., of counsel), for plaintiff.

John F. X. McGohey, U. S. Atty., of New York City (Stanley H. Lowell, Asst. U. S. Atty., of New York City, and Moses L. Kove, Asst. U. S. Atty., of Albany, N. Y., of counsel), for defendant.

LEIBELL, District Judge.

This action is brought by plaintiff under Section 24, subdiv. 20 of the Judicial Code, 28 U.S.C.A. § 41 (20), to recover a "cabaret tax" alleged to have been erroneously and illegally collected by defendant from the plaintiff. The facts are not in dispute. They are set forth in a written stipulation signed by the attorneys for the parties.

About January 2, 1942, the plaintiff commenced the operation of a restaurant and bar at...

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