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EASTERN TAR PRODUCTS CORPORATION v. UNITED STATES

Civ. No. 10306.

170 F.Supp. 110 (1959)

EASTERN TAR PRODUCTS CORPORATION, by its Directors, Grant Thorn, Genevieve U. Thorn, and Samuel Uhlfelder, in trust for its creditors, stockholders and members v. UNITED STATES of America.

United States District Court D. Maryland.

February 6, 1959.

Attorney(s) appearing for the Case

Harry S. Shapiro, Baltimore, Md., for plaintiff.

Leon H. A. Pierson, U. S. Atty., and Robert E. Cahill, Asst. U. S. Atty., Baltimore, Md., Charles K. Rice, Asst. Atty. Gen., James P. Garland and Jack F. Blair, Attys., Dept. of Justice, of Washington, D. C., for defendant.

THOMSEN, Chief Judge.

The government has moved to dismiss, on grounds of res judicata and estoppel, this action to recover $6,903.07 out of $8,000 paid in compromise settlement of the government's tax claim filed in a state court proceeding brought under the Maryland Sales in Bulk Act. Ann.Code of Md., 1957 ed., Art. 83, § 97 et seq.

That proceeding had been instituted in the Circuit Court of Baltimore City...

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