McLELLAN, District Judge.
The plaintiffs seek recovery of estate taxes paid by them as executors of the will of Lawrence W. Morgan to the defendant. Two grounds for attack upon the assessment are stated in the complaint but the second ground, having been abandoned by waiver at the trial and in the plaintiffs' brief, requires no description or comment. The pleadings, as well as the statements of counsel for each side at the trial, show that the question left for determination...
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