TAMBURRI v. GRAHAM

Civ. No. 4456.

127 F.Supp. 47 (1953)

Anna TAMBURRI, Plaintiff, v. James J. GRAHAM, individually and as Director of Internal Revenue, Defendant.

United States District Court, D. Connecticut.

October 22, 1953.


Attorney(s) appearing for the Case

Sidney S. Heiberger, New Haven, Conn., for plaintiff.

Adrian W. Maher, U. S. Atty., Edward J. Lonergan, Asst. U. S. Atty., Hartford, Conn., for defendant.


SMITH, Chief Judge.

Plaintiff sues to invalidate a tax lien and restrain defendant Director of Internal Revenue from levying on her real property.

Defendant moves to dismiss the action as barred by 26 U.S.C. § 3653.

Literally interpreted the statute bars the action. The courts have, however, granted relief in spite of the wording of the statute in a class of cases where irreparable injury was threatened and no adequate remedy at law existed. Midwest...

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