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Black Panther Party — Part 22
Page 59
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Clain for injunctive relief
With respect to the demand in the complaint for injunctive relief,
should move to diemiss om behalf of the Federal defendants on the
thet the action is in reality a suit against the United States to
4t bas not consented and of which the Court lacks jurisdiction.
nd
v. Pollar, 330 U.S. 731 (1947); Lerson v- ae CREO OS a F
Corp., 337 U.S. 682, 704 (1949); . Rank, 372 U.B. , 1963);
Hawnii v. Gordon, 373 U.S. 57, 58 (1903). The Suprem: Court held in those
cases that, notwithstanding that the nominal defendants are agencies or
officials of the Government, the action is in reality ageinst the United
States if the judgment will interfere with the public eduinistretion or if
the effect of the judgmeut vould be to restrain the Government from acting
or to compel it to act.
43
Please forward to us coples of the papers filed herein and contime
to keep us informed: of developuents.
Enclosures
ec: Treasury Depsrtment
Internal Revenue Service
Washington, D.C. 2022
Attention: Office of nsed
(Your Ref: CC:AT¥-9701 L:4JD)
/ ce: Director, FBI #
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