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IRACI v. SCANLON

No. 61-C-187.

202 F.Supp. 42 (1961)

Louis F. IRACI and Angelo J. Paliotto, Plaintiffs, v. Thomas E. SCANLON, Director of Internal Revenue, First District, Brooklyn, New York, and United States of America, Defendants.

United States District Court E. D. New York.

December 12, 1961.

Attorney(s) appearing for the Case

Walter T. Kohn, New York City, for plaintiffs.

Joseph P. Hoey, U. S. Atty., for Eastern Dist. of New York, Brooklyn, N. Y., Robert L. Handros, Washington, D. C., of counsel, for defendants.

MISHLER, District Judge.

The defendant moves pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C., to dismiss the amended complaint on the ground that the Court lacks jurisdiction over the subject matter, and the failure to state a claim upon which relief can be granted.

The amended complaint states that DuBois Concrete Products Corporation (DuBois) owed withholding and employment taxes from April 1, 1953 to December 31, 1954. Plaintiffs...

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