Legal Opinion

Home Indemnity Co. v. Brennan

District Court, S.D. New York

Decided January 11, 1977No. 75 Civ. 4732PublishedCited by 8 opinions

1Opinion of the Court

OPINION

KEVIN THOMAS DUFFY, District Judge.

Plaintiff seeks the recovery of monies claimed to have been wrongfully accepted by defendants, the United States, Department of the Treasury, Internal Revenue Service (“IRS”) and Charles H. Brennan (“Brennan”), District Director thereof, in satisfaction of certain tax liabilities of Mar-vac Industries Corporation (“Marvac”), on whose behalf plaintiff acted as surety. Defendants have moved, pursuant to Rule 12(b)(1), F.R.Civ.P., to dismiss the amended complaint for lack of subject matter jurisdiction, or in the alternative, for summary judgment…

2Cases cited19 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Imbler v. PachtmanSupreme Court of the United States · 1976
  3. Pierson v. RaySupreme Court of the United States · 1967
  4. Wood v. StricklandSupreme Court of the United States · 1975
  5. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949

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3Cited by8 opinions

  1. Interfirst Bank Dallas, N.A. v. United States of America, and Internal Revenue Service, DefendantsCourt of Appeals for the First Circuit · 1985
  2. James A. Murray v. United StatesCourt of Appeals for the Eighth Circuit · 1982
  3. Gonzalez v. LeonardDistrict Court, D. Connecticut · 1980
  4. Washington Square Post 1212 American Legion v. City of New YorkDistrict Court, S.D. New York · 1989
  5. Arndt v. United StatesDistrict Court, S.D. Texas · 1980

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