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UNITED STATES v. PEOPLES TRUST & SAVINGS CO.

No. 6496.

97 F.2d 771 (1938)

UNITED STATES v. PEOPLES TRUST & SAVINGS CO. OF FORT WAYNE, IND.

Circuit Court of Appeals, Seventh Circuit.

June 6, 1938.

Attorney(s) appearing for the Case

F. E. Youngman, Sp. Asst. to Atty. Gen., James W. Morris, Asst. Atty. Gen., J. Louis Monarch, C. Stanley Titus, and W. Croft Jennings, Sp. Assts. to Atty. Gen., James R. Fleming, U. S. Atty., of Fort Wayne, Ind., Luther M. Swygert, Asst. U. S. Atty., of Hammond, Ind., and Alexander M. Campbell, Asst. U. S. Atty., of Fort Wayne, Ind., for appellant.

John Morris and James R. Newkirk, both of Fort Wayne, Ind., for appellee.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.

MAJOR, Circuit Judge.

This is an action brought by the United States against the Peoples Trust & Savings Company of Fort Wayne, Indiana, executor of the estate of Earl L. Martin, deceased, to recover a judgment for income taxes for the calendar years 1929 and 1930, which was prior to decedent's death.

Defendant demurred to the complaint on the ground that the District Court was without jurisdiction, inasmuch as...

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