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ADAMS v. UNITED STATES

No. 72-C-40.

392 F.Supp. 1272 (1975)

William W. ADAMS, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. LAKESHORE COMMERCIAL FINANCE CORPORATION, Third-Party Defendant.

United States District Court, E. D. Wisconsin.

March 17, 1975.

Attorney(s) appearing for the Case

Ronald W. Sylvan, Kraemer, Binzak & Sylvan, Menominee Falls, Wis., for plaintiff.

Patrick Mullarkey, Daniel J. Dinan, Tax Div., Dept. of Justice, Washington, D. C., William J. Mulligan, U. S. Atty. by John Nelson, Asst. U. S. Atty., Milwaukee, Wis., for United States.

Weiss, Steuer, Berzowski & Kriger by Robert K. Steuer & John P. Brady, Milwaukee, Wis., for Lakeshore.

DECISION and ORDER

MYRON L. GORDON, District Judge.

This matter is before me on the third-party defendant's renewed motions for summary judgment and for a preliminary injunction.

During the second and third quarters of 1970, the Skobis Company withheld federal income and employment taxes from the wages of its employees. However, these amounts were never paid over to the government.

Pursuant to 26 U.S.C. § 6672, the commissioner of internal...

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