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UNITED STATES v. BOWERY SAVINGS BANK

185 F.Supp. 30 (1960)

UNITED STATES of America, Plaintiff, v. BOWERY SAVINGS BANK, Defendant.

United States District Court S. D. New York.

June 9, 1960.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty. for Southern Dist. of New York, New York City, for U. S., Sherman J. Saxl, Asst. U. S. Atty., New York City, of counsel.

Cadwalader, Wickersham & Taft, New York City, for defendant, Jacquelin A. Swords, Richard W. Hagan, Theodore Rogowski, New York City, of counsel.

DIMOCK, District Judge.

This is a motion by plaintiff, the United States, under Rule 56, F.R.Civ.P., for summary judgment for the amount of a levy for federal income tax due from Clare Peter Johnson, Jr., a depositor in defendant Bowery Savings Bank. The defense is that the savings bank's passbook has not been surrendered. The applicable statutory provision in subdivision 3 of section 238 of the New York Banking Law, Consol.Laws, c. 2, the pertinent part of which...

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