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UNITED STATES v. MALKIN

No. 69-C-495.

317 F.Supp. 612 (1970)

UNITED STATES of America, Plaintiff, v. Samuel MALKIN, Defendant.

United States District Court, E. D. New York.

May 1, 1970.

Attorney(s) appearing for the Case

Edward R. Neaher, U. S. Atty., Eastern District of New York, for plaintiff; Louis R. Rosenthal, Asst. U. S. Atty., of counsel.

Rivkin, Rosen & Reicher, New York City, for defendant; Louis Rivkin, New York City, of counsel.

ROSLING, District Judge.

The plaintiff United States moves for summary judgment in its favor in an action brought against the defendant Samuel Malkin upon unpaid balances of tax assessments filed against him.

Defendant's opposing affidavit, contesting neither the assessments nor their presumptive prima facie value1 in establishing the government's claim against him, proposes as an issue the defense of the statute of limitations...

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