Legal Opinion

Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New York

Court of Appeals for the Second Circuit

Decided April 3, 1961No. 26641_1PublishedCited by 111 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge.

Bernard Damsky, his wife, Ollie Dam-sky, and Plenry Birns, defendants along with Robert W. Franz in an action relating to federal income taxes brought by the United States in the District Court for the Eastern District of New York, seek a writ of mandamus directing Judge Zavatt to vacate an order, 1960, 187 F. Supp. 404, striking their demand for a jury trial. The government does not dispute that mandamus should issue if petitioners are in fact entitled to such a trial, Beacon Theatres, Inc. v. Westover, 1959, 359 U.S. 500, 511, 79 S.Ct. 948, 3 L.Ed.2d 988; Goldblatt…

2Cases cited58 opinions

  1. Green v. United StatesSupreme Court of the United States · 1957
  2. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  3. Bull v. United StatesSupreme Court of the United States · 1935
  4. Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
  5. Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830

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3Cited by111 opinions

  1. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  2. United States v. The J. B. Williams Company, Inc., and Parkson Advertising Agency, Inc.Court of Appeals for the Second Circuit · 1974
  3. Swanson v. CommissionerUnited States Tax Court · 1976
  4. United States v. One 1976 Mercedes Benz 280S, Serial No. 11602012072193Court of Appeals for the Seventh Circuit · 1980
  5. State v. Credit Bureau of Laredo, Inc.Texas Supreme Court · 1975

106 more not listed; retrieve them via the Exa API.

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