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BERMAN v. SCANLON

No. 63-C-1215.

277 F.Supp. 646 (1967)

Aaron H. BERMAN, Plaintiff, v. Thomas A. SCANLON, Defendant. The UNITED STATES of America, Intervenor and Third-Party Plaintiff, v. Thomas DENA, Third-Party Defendant.

United States District Court E. D. New York.

September 25, 1967.

Attorney(s) appearing for the Case

Berman & Tomaselli, by Elihu Berman, Freeport, N. Y., for plaintiff, Berman.

Mitchell Rogovin, Asst. Atty. Gen., Tax Division, United States Dept. of Justice, by David A. Wilson, Jr., Washington, D. C., for defendant, Scanlon.

Thomas Dena, Westbury, N. Y., for third party defendant.

MISHLER, District Judge.

This action consists of a claim for $2,732.28, which the plaintiff paid to the defendant as Collector of Internal Revenue for the First District of New York pursuant to an allegedly erroneous and illegal tax assessment, and a third-party claim by the government, as intervenor, seeking to hold the third-party defendant, in addition to the plaintiff, liable for the subject assessment. The amount in issue represents the total of withholding and...

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