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UNITED STATES v. HERZFELD

No. 65 Civ. 429.

271 F.Supp. 185 (1967)

UNITED STATES of America, Plaintiff, v. Tatiana G. HERZFELD, Thomas E. Rosetti, Chief Property Clerk, New York City Police Department, and the City of New York, Defendants.

United States District Court S. D. New York.

July 19, 1967.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for S. D. of New York, for plaintiff, United States. Dawnald R. Henderson, Asst. U. S. Atty., of counsel.

J. Lee Rankin, Corp. Counsel, for defendant Thomas E. Rosetti, Nathan B. Silverstein, Asst. Corp. Counsel, of counsel.

OPINION

FREDERICK van PELT BRYAN, District Judge:

This is an action by the United States to enforce a tax lien against $13,150.00 held by the defendant Rosetti as Chief Property Clerk of the New York City Police Department. Jurisdiction is based on 28 U.S.C. §§ 1340, 1345, and Int.Rev.Code of 1954, §§ 7402(a), 7403. The United States now moves for summary judgment pursuant to Rule 56, F.R.Civ.P.

The facts, at least insofar as...

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