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HOWARD v. UNITED STATES

No. 400.

40 F.Supp. 697 (1941)

HOWARD et al. v. UNITED STATES et al.

District Court, E. D. Louisiana.

August 29, 1941.

Attorney(s) appearing for the Case

Spencer, Phelps, Dunbar & Marks and Esmond Phelps, all of New Orleans, La., for plaintiffs.

Rene A. Viosca, U. S. Atty., and Robert Weinstein, Asst. U. S. Atty., both of New Orleans, La., for defendants.

BORAH, District Judge.

This action was filed by plaintiffs on October 9, 1940, and has for its object the recovery of an alleged overpayment of federal estate taxes in the amount of $305,766.65, plus interest. The case was tried by the Court without a jury on the following stipulated facts:

1. Plaintiffs are, and have been ever since October 7th, 1937, the testamentary executors of the late Alvin Pike Howard, by virtue of proceedings had in the Civil District...

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