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BOTTA v. SCANLON

Nos. 60-C-239, 61-C-502.

198 F.Supp. 899 (1961)

Michael BOTTA, Ernest Montagni and Salvatore Santaniello, Plaintiffs, v. Thomas E. SCANLON, District Director of Internal Revenue for the District of Brooklyn, New York, Defendant. Victoria LEE and Joseph Needle, Plaintiffs, v. Thomas E. SCANLON, District Director of Internal Revenue for the District of Brooklyn, New York, Defendant.

United States District Court E. D. New York.

November 9, 1961.

Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City, for plaintiffs.

Joseph P. Hoey, U. S. Atty., Brooklyn, N. Y., by Jon H. Hammer, Asst. U. S. Atty., Brooklyn, N. Y., of counsel, for the District Director of Internal Revenue.

RAYFIEL, District Judge.

The defendant moves to dismiss the complaints in these actions, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C. The plaintiffs move under Rule 65 of the said Rules for a preliminary injunction enjoining and restraining the defendant from enforcing the 100% penalty assessments filed against them.

The complaints in both actions are substantially similar. They allege that the plaintiffs, who are officers and...

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