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DYSART v. UNITED STATES

No. 10942.

95 F.2d 652 (1938)

DYSART v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 23, 1938.

Attorney(s) appearing for the Case

Chase Morsey, of St. Louis, Mo., for appellant.

Harry Marselli, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Harry C. Blanton, U. S. Atty., and Herbert H. Freer, Asst. U. S. Atty., both of St. Louis, Mo., on the brief), for the United States.

Before STONE, SANBORN, and WOODROUGH, Circuit Judges.

STONE, Circuit Judge.

Appellant is trustee of an express trust created by the will of Alexander H. Handlan. This is an action to recover an alleged overpayment of estate taxes by the executors. From a judgment denying recovery, the trustee appeals.

In May, 1922, the executors filed an estate tax return which included real estate in Missouri; which did not include capital stock in the Handlan-Buck Manufacturing Company...

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