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UNITED STATES v. RALEIGH RESTAURANT

No. 71 C 26.

398 F.Supp. 496 (1975)

UNITED STATES of America, Plaintiff, v. RALEIGH RESTAURANT and the State of New York, Defendants.

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

August 19, 1975.

Attorney(s) appearing for the Case

David G. Trager, U.S. Atty., Eastern District of New York by Prosper Parkerton, Asst. U.S. Atty., Brooklyn, N.Y., William Morrow, Jr., Tax Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff.

Louis Lefkowitz, Atty. Gen., State of New York, New York City, for the State of New York; Anthony Wannick, New York City, of counsel.

No appearance for defendant Raleigh Restaurant.

MEMORANDUM AND ORDER

BRAMWELL, District Judge.

This is a motion for summary judgment on the part of plaintiff, UNITED STATES OF AMERICA. Defendant, State of NEW YORK, has filed a cross-motion for summary judgment dismissing the complaint.

The facts are uncontested. In March, 1968, defendant Raleigh Restaurant, Inc., which has never appeared in this action, was issued a liquor license by the State of New York. On September 10, 1968, Raleigh surrendered...

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