UNITED STATES v. FIRST NAT. BANK OF BIRMINGHAM

No. 7411.

74 F.2d 360 (1934)

UNITED STATES v. FIRST NAT. BANK OF BIRMINGHAM.

Circuit Court of Appeals, Fifth Circuit.

December 18, 1934.


Attorney(s) appearing for the Case

Lucius A. Buck and Sewall Key, Sp. Assts. to the Atty. Gen., Frank J. Wideman, Asst. Atty. Gen., and Jim C. Smith, U. S. Atty., of Birmingham, Ala.

Borden Burr and William S. Pritchard, both of Birmingham, Ala., for appellee.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.


WALKER, Circuit Judge.

This was an action by the appellee, suing as executor of the will of H. G. Woodward, deceased (who died on November 30, 1930), to recover the amount, $43,996.40, with interest thereon, of a deficiency assessment made against the estate of the testator, which amount, including interest thereon to the date of payment, was paid by the appellee under protest. The action was brought after the disallowance of a duly filed claim for a refund of the...

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