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UNITED STATES v. AMERICAN CASUALTY CO. OF READING, PA.

Civ. A. No. 4702.

238 F.Supp. 36 (1964)

UNITED STATES of America, Plaintiff, v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, et al., Defendants.

United States District Court W. D. Kentucky, at Louisville.

December 29, 1964.

Attorney(s) appearing for the Case

Wm. E. Scent, U. S. Atty., Louisville, Ky., for plaintiff.

A. J. Deindoerfer, Boehl Stopher Graves & Deindoerfer, Louisville, Ky., for defendants.

SHELBOURNE, Senior District Judge.

The determinative question for a decision on the motions of the United States and the defendant, American Casualty Company, for summary judgment is whether the Government's filing of a proof of claim for unpaid and assessed taxes with the personal representative of an estate constitutes a "proceeding in court which would toll the statute of limitations embodied in Section 6502(a), Title 26 United States Code.

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