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UNITED STATES v. DAMSKY

Civ. No. 60-C-535.

187 F.Supp. 404 (1960)

UNITED STATES of America, Plaintiff, v. Bernard DAMSKY, Olga Damsky, a/k/a Ollie Damsky, Henry Birns and Robert W. Franz, Defendants.

United States District Court E. D. New York.

September 30, 1960.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., for plaintiff, Irving L. Innerfield, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

Linker & Linker, Brooklyn, N. Y., for defendants, Julian G. Linker, Brooklyn, N. Y., of counsel.

ZAVATT, District Judge.

The Government moves to strike the defendants' timely demand for a trial by jury. This is an action brought pursuant to section 7403 of the Internal Revenue Code of 1954, 26 U.S.C. § 7403, to foreclose a tax lien and for further and related relief. Section 7402 of the Code, 26 U.S.C. § 7402, vests jurisdiction in this Court. The complaint alleges nonpayment of income taxes for the years 1945-1949 after due assessment and demand, and...

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