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HENSHEL v. GUILDEN

No. 68 Civ. 4897.

300 F.Supp. 470 (1969)

Emily B. HENSHEL, as Co-Executrix of the Estate of Arde Bulova, Deceased, Plaintiff, v. Louise B. GUILDEN, as Co-Executrix of the Estate of Arde Bulova, Deceased, and as Co-Trustee of the Joseph Bulova School Trust, James S. Amzalak, Joseph P. Catera and Leonard S. Leaman, as Co-Trustees of the Joseph Bulova School Trust, Defendants.

United States District Court S. D. New York.

March 4, 1969.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiff; Simon Rose, Reginald Leo Duff, New York City, of counsel.

Lord, Day & Lord, New York City, for defendants; Leonard S. Leaman, Edwin R. Alley, New York City, of counsel.

McGOHEY, District Judge.

The defendants have moved pursuant to Fed.Civ.Rule 12 to dismiss this declaratory judgment action or alternatively, pursuant to Fed.Civ.Rule 65, to enjoin its prosecution until after determination of a related proceeding now pending in the Surrogate's Court, New York County. The amount in controversy exceeds $10,000 and the parties are of diverse citizenship.

The ultimate issue between them is whether a federal income tax deficiency...

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