LONSDALE v. UNITED STATES

No. 8185.

31 F.2d 482 (1928)

LONSDALE et al. v. UNITED STATES.

District Court, E. D. Missouri, E. D.

November 23, 1928.


Attorney(s) appearing for the Case

Irvin V. Barth, of St. Louis, Mo., for plaintiffs.

Louis H. Breuer, U. S. Atty., of Rolla, Mo., C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and P. E. Miller, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for the United States.


FARIS, District Judge.

The demurrer of the defendant, the United States, will be overruled. The ground of this demurrer is that the petition does not state facts sufficient to constitute any cause of action against the defendant, or, to put that somewhat more plainly, that the petition discloses upon its face that no cause of action exists.

The single decisive question raised by the demurrer is whether the plaintiffs as trustees of the estate of Milliken,...

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