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UNITED STATES v. BALANOVSKI

131 F.Supp. 898 (1955)

UNITED STATES of America, Plaintiff, v. Israel BALANOVSKI, Alice Devine, Samuel Bernardo Horenstein, Compania Argentina De Intercambio Comercial, I. Balanovski Y Cia (sometimes called "Cadic"), a co-partnership, Brown Brothers Harriman & Company, a co-partnership, and Marine Midland Trust Company of New York, a corporation, Defendants.

United States District Court S. D. New York.

Supplemental Opinion May 19, 1955.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., for the Southern Dist. of N. Y., New York City, for plaintiff, Thomas C. Burke, New York City, of counsel.

Donald L. Stumpf, New York City, for defendants, Harold H. Corbin and Edward J. Bennett, New York City, of counsel.

PALMIERI, District Judge.

In this action the United States seeks to recover income taxes from Messrs. Balanovski and Horenstein, two nonresident aliens who are residents and citizens of Argentina. The Government has served a notice of levy on two New York banks in which certain funds are now on deposit to the credit of the defendant Balanovski. It wants to enforce this levy and to secure an in personam judgment against Messrs. Balanovski and Horenstein for the amount...

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