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FREEMAN v. MAYER

Civ. A. No. 534-55.

152 F.Supp. 383 (1957)

Louis FREEMAN, Trustee in Bankruptcy of Brokol Manufacturing Company, Plaintiff, v. Joseph F. J. MAYER, District Director of Internal Revenue for the District of New Jersey, Defendant.

United States District Court D. New Jersey.

May 28, 1957.

Attorney(s) appearing for the Case

Bergman & Rothbard, Newark, N. J., by Abe Rothbard, Newark, N. J., for plaintiff.

Chester A. Weidenburner, U. S. Atty., Newark, N. J., by Nelson Gross, Asst. U. S. Atty., Newark, N. J., for defendant.

MODARELLI, District Judge.

The issue before the court is whether or not the Government's failure, through alleged administrative oversight, to seize taxpayer-debtor's property under warrants for distraint assertedly issued for the full amount of taxes owed was fatal to its claim for the surplus monies realized from the sale under warrants levied upon in lesser amount. Plaintiff is Trustee in Bankruptcy of Brokol Manufacturing Company, hereinafter referred to as Brokol...

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