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UNITED STATES v. MAGOON

No. 7713.

77 F.2d 804 (1935)

UNITED STATES v. MAGOON et al.

Circuit Court of Appeals, Ninth Circuit.

May 20, 1935.

Attorney(s) appearing for the Case

Frank J. Wideman, Asst. Atty. Gen., and James W. Morris and J. P. Jackson, Sp. Assts. to Atty. Gen., for the United States.

Prosser, Anderson, Marx & Wrenn, of Honolulu, T. H., and Frank S. Bright, of Washington, D. C. (H. Stanley Hinrichs, of Washington, D. C., of counsel), for appellees.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.

WILBUR, Circuit Judge.

The government has appealed from a judgment of the District Court of the United States for the Territory of Hawaii in favor of appellees in the sum of $25,311.74 in an action to recover an overpayment of federal estate taxes upon the estate of Bernhard R. Banning, deceased.

Bernhard R. Banning, a resident of Honolulu, died testate on or about April 27, 1923. The appellees and Mr. O. P. Soares were named as executors in the will, and...

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