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ROGAN v. RIGGLE

No. 9911.

128 F.2d 118 (1942)

ROGAN, Collector of Internal Revenue, v. RIGGLE.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 6, 1942.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch, Louise Foster, and Carlton Fox, Sp. Assts. to the Atty. Gen., and Wm. Fleet Palmer, U. S. Atty., and E. H. Mitchell and Armond Monroe Jewell, Asst. U. S. Attys., all of Los Angeles, Cal., for appellant.

C. F. Culver, of Los Angeles, Cal., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

STEPHENS, Circuit judge.

This appeal involves estate taxes in the amount of $10,585.32, and is taken from the judgment of the District Court reported in 37 F.Supp. 7, in favor of the taxpayer.

The facts are not disputed. Elmer W. Riggle and Rose G. Riggle were married on May 4, 1905. They lived together as husband and wife in the State of California from the date of their marriage until the date of their separation shortly...

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