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UNITED STATES v. BEDFORD ASSOCIATES

Nos. 79 Civ. 1522 (HFW), 79 Civ. 1482 (HFW).

491 F.Supp. 851 (1980)

UNITED STATES of America, Plaintiff, v. BEDFORD ASSOCIATES, a Partnership, Doris K. Carver and Samuel Ades, Individually and as partners of Bedford Associates, and Amcar Management Corp., Defendants, and The Bowery Savings Bank, Intervenor. The BOWERY SAVINGS BANK, Plaintiff, v. BEDFORD ASSOCIATES, a Partnership, Doris K. Carver and Samuel Ades, Individually and as partners of Bedford Associates, and United States of America, Defendants.

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

May 24, 1980.

Attorney(s) appearing for the Case

William M. Tendy, U. S. Atty., S.D.N.Y., New York City, for the U. S.; William J. Brennan, Harvey J. Wolkoff, Asst. U. S. Attys., New York City, of counsel.

Rosenman, Colin, Freund, Lewis & Cohen, New York City, for Bedford defendants; Frank H. Wohl, Eugene Zemp Du-Bose, Jr., New York City, of counsel.

Cadwalader, Wickersham & Taft, New York City, for Bowery; Terence F. Gilheany, Howard R. Hawkins, Jr., New York City, of counsel.

OPINION

WERKER, District Judge.

These two consolidated actions arise from the Internal Revenue Service's (the "IRS") occupancy of a 21-story office building located at 120 Church Street owned by the defendant Bedford Associates.1 The plaintiff-intervenor Bowery Savings Bank ("Bowery") is the holder of a consolidated first mortgage on the premises. These actions having been tried on the merits before the Court on March 17-20 and...

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