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SECOND NAT. BANK OF SAGINAW v. WOODWORTH

No. 9751.

54 F.2d 672 (1931)

SECOND NAT. BANK OF SAGINAW v. WOODWORTH, Collector of Internal Revenue.

District Court, E. D. Michigan, S. D.

December 31, 1931.

Attorney(s) appearing for the Case

George G. Witter and Marc F. Mitchell, both of Los Angeles, Cal., and Theodore B. Benson, of Washington, D. C., for plaintiff.

Gregory H. Frederick, U. S. Atty., Charles B. W. Aldrich, and David A. Wolff, Asst. U. S. Attys., all of Detroit, Mich., for defendant.

SIMONS, District Judge.

This is a suit for the recovery of an additional estate tax paid under protest by the executor of the estate of Wellington R. Burt, deceased. The case was tried before the court without a jury; trial by jury having been expressly waived by written stipulation. The facts are substantially as follows:

Wellington R. Burt, a citizen of Michigan residing in Saginaw, in this district, died on March 2d, 1919. The plaintiff was made executor...

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