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DAVIS v. DUDLEY

Civ. No. 11960.

124 F.Supp. 426 (1954)

Ralph W. DAVIS and Louise M. Davis, Plaintiffs, v. A. J. DUDLEY, Defendant.

United States District Court W. D. Pennsylvania.

September 20, 1954.

Attorney(s) appearing for the Case

Carl Brandt and Brandt, Reister, Brandt & Malone, Pittsburgh, Pa., for plaintiffs.

John W. McIlvaine, U. S. Atty., D. Malcolm Anderson, Jr., First Asst. U. S. Atty., Pittsburgh, Pa., for defendant.

MARSH, District Judge.

Plaintiffs, husband and wife, ask for a preliminary injunction to restrain defendant, the Director of Internal Revenue, from proceeding to assess, collect or distrain with respect to additions to their income taxes allegedly due under § 294(d) of the Code,1 for the years 1950 and 1951.

Their complaint alleges that the director had issued a notice of assessment, demanded payment, and threatened proceedings...

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