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PIZZARELLO v. UNITED STATES

No. 68 Civ. 1883.

285 F.Supp. 147 (1968)

Emilio PIZZARELLO, Plaintiff, v. UNITED STATES of America, Edward J. Fitzgerald, Jr., District Director of Internal Revenue for the District of Manhattan, Sheldon Cohen, Commissioner of Internal Revenue of the United States of America, Defendants.

United States District Court S. D. New York.

May 31, 1968.

Attorney(s) appearing for the Case

James G. Starkey, Brooklyn, N. Y., for plaintiff.

Robert M. Morgenthau, U. S. Atty., for defendants; Martin Paul Solomon, Asst. U. S. Atty., of counsel.

WYATT, District Judge,

This is a motion by plaintiff (Emilio) for a preliminary injunction (Fed.R.Civ. P. 65) restraining defendants from levying (26 U.S.C. § 6331(a)) to satisfy an assessment of taxes against Emilio made by the Internal Revenue Service (the Service) on April 25, 1968. The action is in substance for the same relief permanently.

Emilio is the proprietor of a stationery store and luncheonette located at 151 West Sanford Boulevard, Mount...

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