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JOLLES FOUNDATION v. MOISEY

146 F.Supp. 589 (1956)

The JOLLES FOUNDATION, Inc. Plaintiff, v. Donald R. MOISEY, Individually and as District Director Internal Revenue Service, Defendant.

United States District Court S. D. New York.

November 9, 1956.

Attorney(s) appearing for the Case

Meleney, Mitchell & Dick, New York City, James G. Mitchell, New York City, of counsel, for plaintiff.

Paul W. Williams, U. S. Atty., Southern Dist. of New York, New York City, Miriam R. Goldman, New York City, of counsel, for defendant.

EDELSTEIN, District Judge.

Plaintiff a New York membership corporation, sues for a declaratory judgment that it has been wrongfully deprived of tax exempt status and for incidental injunctive relief. The defendant, the District Director of Internal Revenue for the Lower Manhattan District, has moved to dismiss the complaint on the ground of lack of jurisdiction over the subject matter, or in the alternative for failure...

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