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GELLMAN v. UNITED STATES

Civ. A. No. 4324.

129 F.Supp. 291 (1955)

Nathan GELLMAN, Burt Horwitz and Peter Podany, co-partners, d/b/a Gellman Brothers, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Minnesota, Fourth Division.

January 26, 1955.

Attorney(s) appearing for the Case

Maurice Weinstein, Milwaukee, Wis., and Charles Halpern, Minneapolis, Minn., for plaintiffs.

H. Brian Holland, Asst. Atty. Gen., Andres D. Sharpe and David W. Richter, Sp. Assts. to the Atty. Gen., and George E. MacKinnon, U. S. Atty., and Alex Dim, Asst. U. S. Atty., St. Paul, Minn., for the United States.

JOYCE, District Judge.

This is a suit for recovery of amounts alleged to have been wrongfully collected from plaintiffs as federal retail excise taxes with respect to certain luggage and jewelry sold by plaintiffs and a predecessor corporation during the period January 1, 1947 through February 1951.

The plaintiffs are co-partners under the name Gellman Brothers. The firm and its predecessors of the same name have been engaged since 1919 in the business of...

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