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KUBINSKI v. UNITED STATES

No. 4-66 Civ. 208.

285 F.Supp. 849 (1968)

John T. KUBINSKI, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Gene GOVE, Third-Party Defendant.

United States District Court D. Minnesota, Fourth Division.

February 26, 1968.

Attorney(s) appearing for the Case

Howard S. Cox, of Wiese & Cox, Minneapolis, Minn., for plaintiff.

Mitchell Rogovin, Asst. Atty. Gen., and David A. Wilson, Jr., and Daniel J. Dinan, Attys., Department of Justice, Washington, D. C., and Patrick J. Foley, U. S. Atty., Minneapolis, Minn., for the United States of America.

Richard W. Greeman, Minneapolis, Minn., for third-party defendant.

MEMORANDUM DECISION

NORDBYE, District Judge.

This proceeding came before the Court on a complaint filed by the plaintiff, John T. Kubinski, seeking to recover the sum of $135.60 which was paid by him to the Government as part of a one hundred per cent penalty assessed against him pursuant to Section 6672 of the Internal Revenue Code of 1954 in the amount of $1,870.29, plus interest, costs and disbursements. The Government in its answer gave plaintiff credit...

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