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27 F. Supp. 904

Ungar v. Higgins

U.S. District Court

Decided February 23, 1939

U.S. District Court · decided 1939-02-23

Decided 1939-02-23

COXE, District Judge.

¶1I think it is too clear even for argument that this complaint does not state a cause of action against the Collector. The plaintiff is a mere judgment creditor of the taxpayer, and in no position to challenge the seizure. I do not believe, either, that the plaintiff has any standing to maintain a suit to recover taxes erroneously collected from a third party.

¶2The motion of the defendant to dismiss the complaint for insufficiency is granted.

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