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BUCK v. McLAUGHLIN

No. 6244.

48 F.2d 135 (1931)

BUCK v. McLAUGHLIN.

Circuit Court of Appeals, Ninth Circuit.

March 9, 1931.

Attorney(s) appearing for the Case

Norman A. Eisner, of San Francisco, Cal., for appellant.

Geo. J. Hatfield, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

O. K. Cushing, Charles S. Cushing, Sidney M. Ehrman, and Erwin E. Richter, all of San Francisco, Cal., and Warren Olney, Jr., J. M. Mannon, Jr., A. Crawford Greene, and John W. Parker, all of San Francisco, Cal., amici curiæ.

Before RUDKIN, WILBUR, and SAWTELLE, Circuit Judges.

WILBUR, Circuit Judge.

Mary Buck, the appellant, is the widow of John A. Buck, who died April 6, 1923. By an order of the superior court of the state of California in and for the city and county of San Francisco, in probate, she was given a family allowance of $7,500 a month to date from the time of death. Between that date and December 6, 1923, she received $60,000 from the estate by way of family allowance. She returned this amount as part of her income for the...

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