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UNITED STATES v. BANNER

Civ. No. 8806.

226 F.Supp. 904 (1963)

UNITED STATES of America, Plaintiff, v. Henry T. BANNER and Henry T. Banner, d/b/a Mohawk Valley Construction Company, Defendant.

United States District Court N. D. New York.

December 30, 1963.

Attorney(s) appearing for the Case

Justin J. Mahoney, U. S. Atty., Albany, N. Y., George T. Burke, Asst. U. S. Atty., Albany, N. Y., Robert J. Cooney, Atty., Dept. of Justice, Washington, D. C., of counsel, for plaintiff.

Robert B. Shaad, Watertown, N. Y., for defendant.

BRENNAN, District Judge.

Plaintiff, by its amended complaint, sues to recover from the defendants some $50,000., plus interest on account of federal income, withholding, unemployment and social security taxes, assessed against defendants covering a time period from 1953 to 1957.

The original answer, which is assumed is to stand as the answer to the amended complaint, sets up a fifth and sixth

[226 F.Supp. 905]
separate defense and...

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