SCHWEINLER v. MANNING

Civ. No. 78-49.

88 F.Supp. 964 (1949)

SCHWEINLER v. MANNING, Collector of Internal Revenue.

United States District Court D. New Jersey.

November 25, 1949.


Attorney(s) appearing for the Case

Vincent E. Hull, Newark, N. J., for plaintiff.

Alfred E. Modarelli, U. S. Attorney, Newark, N. J., Roger M. Yancey, Asst. U. S. Attorney, Newark, N. J., for defendant.


SMITH, District Judge.

This is a civil action brought by the plaintiff to compel cancellation of a levy made by the defendant, the Collector of Internal Revenue, and to enjoin its enforcement. The action is before the Court at this time on the motion of the defendant to dismiss the complaint. The grounds urged in support of the motion are: first, the failure of the complaint to state a claim upon which relief can be granted; second, the lack of jurisdiction in the...

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