Legal Opinion

Bank of New York & Trust Co. v. United States

District Court, S.D. New York

Decided October 28, 1938Published

1Opinion of the Court

WOOLSEY, District Judge.

The plaintiffs may have judgment as prayed for $6,801.22, with interest thereon from June 8, 1934 until paid.

As this is a suit against the United States there will not be any costs allowed.

I. My subject matter jurisdiction herein is based on the so-called Tucker Act as amended, which gives this Court concurrent jurisdiction with the Court of Claims in respect of all claims against the United States not exceeding $10,000, in cases not sounding in tort. Title 28 United States Code, Section 41 (20).

II. Although the action is brought by the surviving trustees of Mr. George…

2Cases cited5 opinions

  1. Heinz v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1938
  2. Lewis v. CommissionerUnited States Board of Tax Appeals · 1936
  3. Commissioner v. NeylanCourt of Appeals for the Ninth Circuit · 1938
  4. Heinz v. CommissionerUnited States Board of Tax Appeals · 1936
  5. United States v. BokDistrict Court, E.D. Pennsylvania · 1938

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