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UNITED STATES v. MARINE MIDLAND BANK

No. CIV-77-450C.

544 F.Supp. 268 (1982)

UNITED STATES of America, Plaintiff, v. MARINE MIDLAND BANK, Defendant.

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

April 22, 1982.

Attorney(s) appearing for the Case

Roger P. Williams, U. S. Atty., Buffalo, N. Y. (Steven Lyons, Tax Div., Dept. of Justice, Washington, D. C., of counsel), for plaintiff.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N. Y. (John Lang, Buffalo, N. Y., of counsel), for defendant.

CURTIN, Chief Judge.

This is a civil action brought by the government against defendant Marine Midland Bank to recover payments for withholding and FICA taxes. Marine Midland Bank [Marine] seeks summary judgment on the ground that the government has failed to commence this action within the applicable statutory period of time.

This suit evolves from the bankruptcy of Paper Tubes, Inc. Paper Tubes borrowed money from Marine which the government alleges was...

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