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MAZZELLA v. YOKE

Civ. No. 693.

70 F.Supp. 462 (1947)

MAZZELLA et al. v. YOKE.

District Court, S. D. West Virginia.

February 6, 1947.

Attorney(s) appearing for the Case

Ashworth and Sanders and Joseph Luchini, all of Beckley, W. Va. (C. C. Sanders, of Beckley, W. Va., of counsel), for plaintiffs.

Leslie E. Given, U. S. Atty., of Charleston, W. Va., Sewall Key, Acting Asst. Atty. Gen., Andrew D. Sharpe and Frederic G. Rita, Sp. Assts. to the Atty. Gen., for defendant.

MOORE, District Judge.

The complaint sets forth the following facts: That plaintiffs have been assessed for certain cabaret taxes pursuant to Title 26 U.S.C.A. Int.Rev.Code, § 1700(e) and distraint is now being threatened upon property belonging to plaintiff Chiara Mazzella; that the property involved is a two-story frame building, consisting of dwelling quarters and a large storeroom; that during the latter part of 1942, plaintiffs occupied the living quarters...

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