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FLINTKOTE COMPANY v. UNITED STATES

No. 321, Docket 34895.

435 F.2d 556 (1971)

The FLINTKOTE COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. UNITED STATES of America et al., Third-Party Plaintiffs-Appellees, v. GATEWAY CONSTRUCTION CORPORATION and Westchester Wallboard Corporation, Third-Party Defendants, and The Flintkote Company, Third-Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 4, 1971.

Attorney(s) appearing for the Case

Sidney S. Bobbé, New York City (Herbert G. Kreisberg, New York City on the brief), for appellant.

David M. Brodsky, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., for Southern District of New York, and Michael I. Saltzman, Asst. U. S. Atty., on the brief), for defendant-appellee, third-party plaintiffs-appellees.

Before LUMBARD, Chief Judge, FEINBERG, Circuit Judge and CLARIE, District Judge.

PER CURIAM:

Flintkote commenced this action against the United States in New York State Supreme Court seeking a declaratory judgment that certain tax liens asserted against Westchester Wallboard Corporation did not apply to monies owed by Gateway Construction Corporation to Flintkote. The government removed the action to the Southern District of New York. The United States by way of counterclaim sought to set aside payments made by Gateway to Flintkote on the ground...

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