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CITY BANK FARMERS' TRUST CO. v. UNITED STATES

No. 250.

74 F.2d 692 (1935)

CITY BANK FARMERS' TRUST CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

January 14, 1935.

Attorney(s) appearing for the Case

Martin Conboy, U. S. Atty., of New York City (Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and J. P. Jackson, Sp. Assts. to Atty. Gen., of counsel), for the United States.

Taylor, Blanc, Capron & Marsh, of New York City (Charles Angulo, Walter E. Cooper, and Charles H. Birdsall, all of New York City, of counsel), for plaintiff-appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This action was brought to recover $4,683.98 paid by the plaintiff as executor of the will of Theodore B. Allen to a United States collector of internal revenue for estate taxes, alleged to have been illegally exacted. The testator bequeathed one-fourth of his residuary estate to City Bank Farmers' Trust Company in trust to apply the net income thereof to the use of his daughter, Nettie A....

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