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HANDELMAN v. UNITED STATES

144 F.Supp. 153 (1956)

Anna K. HANDELMAN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

June 28, 1956.

Attorney(s) appearing for the Case

Edward Handelman, New York City, for plaintiff.

Paul W. Williams, U. S. Atty., Mathias L. Spiegel, Asst. U. S. Atty. for the Southern Dist. of N. Y., New York City, for the United States.

NOONAN, District Judge.

The defendant herein, sued by the plaintiff to recover a refund of income tax paid by her, has moved this court, pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, Title 28 U.S.C., for an order granting it summary judgment. The plaintiff herein has cross moved, pursuant to Rule 56(a), for an order granting her summary judgment.

The issue involved is one of law alone since all of the pertinent facts have been agreed upon...

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