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UNITED STATES v. MONTREAL TRUST COMPANY

235 F.Supp. 345 (1964)

UNITED STATES of America, Plaintiff, v. The MONTREAL TRUST COMPANY and Tillie V. Lechtzier, Executors of the Estate of Isidor J. Klein, Deceased, Defendants.

United States District Court S. D. New York.

October 20, 1964.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., S. D. N. Y., for the United States.

Shearman & Sterling, New York City, for Montreal Trust Co.

McLEAN, District Judge.

This is an action by the United States against the executors of Isidor J. Klein, a citizen and resident of Canada, who died on June 14, 1955, to recover United States income taxes, together with penalties and interest, allegedly owed by Klein for the years 1944, 1945 and 1946. The summons was served upon the executors in Canada, purportedly pursuant to New York CPLR §§ 302 and 313. Defendant Montreal Trust Company moved to set aside...

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