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GANNET v. FIRST NATIONAL STATE BANK OF N. J.

Civ. Nos. 75-2028, 76-124.

410 F.Supp. 585 (1976)

Herbert M. GANNET, Plaintiff, v. FIRST NATIONAL STATE BANK OF N. J., Defendant. UNITED STATES of America and Carl E. Reichelt, Special Agent of the Internal Revenue Service, Plaintiff, v. FIRST NATIONAL STATE BANK OF N. J., Defendant, v. Herbert M. GANNET, Intervenor.

United States District Court, D. New Jersey.

March 19, 1976.

Attorney(s) appearing for the Case

Harvey R. Poe, Newark, N.J., for Gannet.

Shanley & Fisher, by John J. Francis, Jr., and Charles M. Costenbader, Newark, N.J., for First National State Bank of N.J.

Jonathan L. Goldstein, U. S. Atty., by Z. Lance Samay, Geo. E. Mittelholzer, Newark, N.J., William Robertson, and Andrew M. Higgins, Asst. U. S. Attys., Newark, N.J., and by Gerald C. Miller, Tax Div., Dept. of Justice, Washington, D.C., for United States and Reichelt.

OPINION

BIUNNO, District Judge.

In this case, some of the facts are not in dispute; others are assumed for the purpose of this determination.

The undisputed facts are as follow. In the due course of the mails, the Internal Revenue Service Center (IRS) at Holtsville, N.Y., received a certified letter from Herbert L. Zuckerman, Esq., a Newark attorney, dated November 4, 1974. The letter enclosed a cashier's check, number 488562, issued by National...

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