JOHNSON, District Judge.
This is an action of assumpsit brought by the plaintiff, Phebe Carter Robinson, executrix of the last will and testament of Pulaski P. Carter, deceased, for the recovery of $1,077.15, alleged to have been erroneously collected by the defendant as an estate tax on the estate of Pulaski P. Carter. A written stipulation, waiving a jury trial, having been filed, the case was tried before the court without a jury.
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