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UNITED STATES v. AUGSPURGER

No. CIV-76-595.

477 F.Supp. 94 (1979)

The UNITED STATES of America, Plaintiff, v. Dorothy P. AUGSPURGER, Executrix of the Will of Charles H. Augspurger, and Loeb, Rhoades & Co., Defendants.

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

September 13, 1979.

Attorney(s) appearing for the Case

Richard J. Arcara, U. S. Atty., Buffalo, N. Y., for plaintiff; Steven Z. Kaplan, Tax Division, Dept. of Justice, Washington, D. C., of counsel.

Leland G. Cook, Buffalo, N. Y., for defendant Augspurger.

Harry P. Trueheart, III, Rochester, N. Y., for defendant Loeb, Rhoades & Co.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Defendants have moved individually for reconsideration and modification of this court's Memorandum and Order entered March 20, 1978 (reported at 452 F.Supp. 659).

Defendant Augspurger based her motion on Fed.R.Civ.P. rules 59 and 60. These rules do not apply in the instant case because no final judgment or order has been issued; the exact amount of the penalty to be...

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