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GEHMAN v. SMITH

Civil Action No. 7761.

76 F.Supp. 805 (1948)

GEHMAN v. SMITH, Collector of Internal Revenue.

District Court, E. D. Pennsylvania.

February 18, 1948.

Attorney(s) appearing for the Case

Henry D. O'Connor, of Philadelphia, Pa., for plaintiff.

Thomas J. Curtin, Asst. U. S. Atty., of Philadelphia, Pa., for defendant.

McGRANERY, District Judge.

Plaintiff is seeking an injunction against collection of a federal tax and the government has filed a motion to dismiss. For the purposes of that motion, the facts alleged in plaintiff's complaint must be taken as true. According to the allegations, plaintiff Marvin L. Gehman, under the trade name of Branch Valley Creamery, operates a second-hand churn on the ground floor of his home at R.D. No. 2, Telford, Montgomery County, Pennsylvania...

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