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LIPSIG v. UNITED STATES

Civ. 60-C-550.

187 F.Supp. 826 (1960)

Daniel LIPSIG, Plaintiff, v. UNITED STATES of America, and Thomas E. Scanlon, District Director of Internal Revenue, for the District of Brooklyn, Defendants.

United States District Court E. D. New York.

July 27, 1960.

Attorney(s) appearing for the Case

Edward M. Blutreich, Brooklyn, N. Y., for plaintiff.

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., for defendants; Jon H. Hammer, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

BARTELS, District Judge.

Action under 28 U.S.C.A. §§ 1340 and 1346 seeking to enjoin the District Director of Internal Revenue from enforcing certain liens filed against property of plaintiff and a determination that the said liens are invalid. Defendants move to dismiss the complaint pursuant to Rule 12(b) (6), Fed.Rules Civ.Proc., 28 U.S.C.A. on the grounds that it fails to state a claim upon which relief can be granted, and that the United States, an...

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