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NANTKE v. UNITED STATES

35 F.Supp. 450 (1940)

NANTKE v. UNITED STATES.

District Court, W. D. New York.

October 5, 1940.

Attorney(s) appearing for the Case

Bagley, Wechter, & Irvin, of Buffalo, N. Y., for plaintiff.

George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Joseph J. Doran, of Buffalo, N. Y., of counsel), for defendant.

BURKE, District Judge.

This is a motion by the plaintiff for summary judgment. The suit is one to recover an alleged overpayment of the estate tax. The decedent died in 1933. In 1919, he entered into a separation agreement wherein he agreed to pay his wife and bound his legal representatives to pay her for her support and maintenance $7,500 a year during her lifetime. His wife agreed to accept such payments in full settlement of all claims for support and maintenance...

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