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BAILEY v. UNITED STATES

No. 43505.

31 F.Supp. 778 (1940)

BAILEY et al. v. UNITED STATES.

Court of Claims.

March 4, 1940.

Attorney(s) appearing for the Case

Morris H. Goldman, of Philadelphia, Pa., (Fred W. Weitzel, of Washington, D. C., on the brief), for plaintiffs.

Elizabeth B. Davis, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, Sp. Assts. to Atty. Gen., on the brief), for defendant.

Before WHALEY, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHITAKER, Judges.

LITTLETON, Judge.

The defendant's motion for a new trial and for judgment dismissing the petition is based on the opinion of the Supreme Court in Helvering et al. v. Hallock et al., 60 S.Ct. 444, 84 L.Ed. ___, 125 A.L.R. 1368, decided January 29, 1940.

All of the insurance policies involved in this case were taken out by Walter C. Bailey on his own life subsequent to the enactment of section 302 (g) of the Revenue...

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