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DIETZ v. TRUSTCO BANK

No. 1:05-CV-0676 (LEK/RFT).

572 F.Supp.2d 296 (2008)

Burr V. DIETZ, Plaintiff, v. TRUSTCO BANK, United States of America, and Internal Revenue Service, Defendants.

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

August 25, 2008.

Attorney(s) appearing for the Case

Burr V. Deitz, Albany, NY, pro se.

Wendy Kisch, U.S. Dept. of Justice-Tax Division, Ben Franklin Station, Washington, DC, Linda L. Donovan, Overton, Russell Law Firm, Clifton Park, NY, for Defendants.

MEMORANDUM-DECISION AND ORDER1

LAWRENCE E. KAHN, District Judge.

Before the Court is a Motion to dismiss for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1), and for failure to state a claim upon which relief may be granted, pursuant to Rule 12(b)(6), filed by Defendants United States of America and Trustco Bank ("Defendants") on November 18, 2005. Defs.' Mot. to Dismiss (Dkt. No. 15). Plaintiff Burr...

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