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FALIK v. UNITED STATES

No. 62 Civ. 382.

206 F.Supp. 181 (1962)

Rena FALIK, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

June 4, 1962.

Attorney(s) appearing for the Case

Charles A. Simmons, Atty., Dept. of Justice, Joseph P. Hoey, U. S. Atty., and Martin R. Pollner, Asst. U. S. Atty., for defendant, in support of motion.

Robert E. Scher, New York City (Raphael, Searles & Vischi, New York City, of counsel), for plaintiff, opposed.

DOOLING, District Judge.

Defendant moves to dismiss, essentially on jurisdictional grounds, plaintiff's action, brought to cancel the purported lien on plaintiff's realty of certain tax penalties alleged to have been illegally assessed against plaintiff under 26 U.S. C.A. § 6672. The defendant's contention is that the United States has not consented to such a suit and that, moreover, since it is necessarily an action for declaratory relief, general grants of...

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