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EWBANK v. UNITED STATES

No. 4485.

50 F.2d 409 (1931)

EWBANK et al. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 8, 1931.

Attorney(s) appearing for the Case

Louis B. Ewbank, Samuel Dowden, and Merlin M. Dunbar, all of Indianapolis, Ind., for appellants.

George E. Q. Johnson, of Chicago, Ill., and George R. Jeffrey, U. S. Dist. Atty., of Indianapolis, Ind., for the United States.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

EVANS, Circuit Judge.

Appellants feel aggrieved by reason of the judgment entered in the District Court, 37 F.2d 383, dismissing the complaint by them filed wherein they sought to recover $526,869.22 previously paid under protest as a federal transfer tax upon the estate of Volney T. Malott, who died June 14, 1921. Appellants, as trustees named in the will of said deceased Malott, based their right to recover upon a construction which...

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