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BAUMOHL v. COLUMBIA JEWELRY COMPANY

Civ. No. 7864.

127 F.Supp. 865 (1955)

Jacob P. BAUMOHL v. COLUMBIA JEWELRY COMPANY OF ANNAPOLIS, MARYLAND, a body corporate, and Sidney A. Needle, Agent for Columbia Jewelry Company of Annapolis, Maryland, and U. S. Treasury Department, Internal Revenue Service, Appellate Division, and Mace Silverman.

United States District Court, D. Maryland, Civil Division.

January 28, 1955.

Attorney(s) appearing for the Case

Joseph W. Spector and Donald T. A. Fair, Baltimore, Md., for plaintiff.

Joseph Sherbow, Sidney A. Needle, Baltimore, Md., for Columbia Jewelry Co. of Annapolis, Md.

George Cochran Doub, U. S. Atty., and Walter E. Black, Jr., Asst. U. S. Atty., Baltimore, Md., for U. S. Treasury Department.

Harold Lewis, Baltimore, Md., for Mace Silverman.

THOMSEN, District Judge.

Defendants' several motions to dismiss question the jurisdiction of this court and the suability of one of the defendants. The complaint cites no statute, but alleges that "The matter in controversy exceeds, exclusion of interest and costs, the sum of $3000.00 and Defendant, U. S. Treasury Department Internal Revenue Service, is an instrumentality of the U. S. Government". At the argument plaintiff's counsel claimed jurisdiction under 28 U...

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