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UNITED STATES v. MITNICK

Civ. No. 9813.

316 F.Supp. 252 (1970)

UNITED STATES of America, Through its Agency, the Small Business Administration, Plaintiff, v. Howard MITNICK and Ruth Mitnick, Defendants.

United States District Court, M. D. Pennsylvania.

May 13, 1970.

Attorney(s) appearing for the Case

S. John Cottone, U. S. Atty., Scranton, Pa., for the United States.

Sidney J. Fires, Philadelphia, Pa., for Small Business Administration.

H. R. Van Deusen, Jr., Scranton, Pa., for Howard Mitnick and Ruth Mitnick.

Albert H. Aston, Wilkes-Barre, Pa., for trustee in bankruptcy, Training Services Institute.

John Barry Beemer, Warren, Hill, Henkelman & McMenamin, Scranton, Pa., for Northeastern Technical Corporation, intervenor.

Roger Mattes, Scranton, Pa., for Myron Krenitsky and Francis Cunion, exceptants to sale.

MEMORANDUM

NEALON, District Judge.

This is a petition by Northeastern Technical Corporation (Northeastern) to compel the United States Marshal of the Middle District of Pennsylvania to pay the Pennsylvania Realty Transfer Tax, 72 P.S. § 3285, out of the $40,000.00 proceeds created by the judicial sale of property owned by Howard and Ruth Mitnick. On a previous occasion this Court denied a petition by alleged mechanic's lien holders (who have also objected...

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