IRVING R. KAUFMAN, District Judge.
This suit was originally brought by plaintiff, proprietor of Ciro's, a night-club, for refund of $300 paid pursuant to a deficiency of $67,660.62 in cabaret taxes assessed against him for the period between June 1, 1951 and March 31, 1955. Defendant has counterclaimed for $75,219.13, the unpaid balance of said assessment and interest.
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