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KNOLL GOLF CLUB v. UNITED STATES

Civ. A. No. 48-59.

179 F.Supp. 377 (1959)

KNOLL GOLF CLUB, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. New Jersey.

December 22, 1959.

Attorney(s) appearing for the Case

Foosaner, Saiber & Schlesinger, by Norman E. Schlesinger, Newark, N. J., for plaintiff.

Chester A. Weidenburner, U. S. Atty., Newark, N. J., Raymond W. Young, Asst. U. S. Atty., North Bergen, N. J., (Charles K. Rice, Asst. Atty. Gen., James P. Garland, Lyle M. Turner, John F. Murray, U. S. Dept. of Justice, Washington, D. C., on the brief), for defendant.

HARTSHORNE, District Judge.

Plaintiff, Knoll Golf Club, sues for a refund of Federal excise taxes paid, over objection, by it to the defendant Government for the period from July 1, 1954 to December 31, 1956. These taxes were imposed on the fees paid for individual storage lockers used by Club members. The statute under which these taxes were imposed provides:

"there shall be levied, assessed, collected, and paid— "(1) Dues or membership...

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