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UNITED STATES v. BRITTEN

No. 9212.

161 F.2d 921 (1947)

UNITED STATES v. BRITTEN et al.

Circuit Court of Appeals, Third Circuit.

Decided May 21, 1947.

Attorney(s) appearing for the Case

Louise Foster, Asst. to Atty. Gen. (Sewall Key, Acting Asst. Atty. Gen., and A.F. Prescott, Sp. Asst. to Atty. Gen., Edgar H. Rossbach, U. S. Atty., and Edward V. Ryan, Asst. U. S. Atty., both of Newark, N. J., on the brief), for appellant.

Orlando H. Dey of Rahway, N. J., for appellees.

Before MARIS and McLAUGHLIN, Circuit Judges, and FOLLMER, District Judge.

McLAUGHLIN, Circuit Judge.

This is an income tax matter in which suit was brought to recover certain amounts paid under protest for deficiency assessments. The District Court on motion for summary judgment decided in favor of the taxpayers1 and the government appeals.

The executors of the estate of Eric T. Franzen, deceased, were also named as trustees in the will which directed that the residue of the estate be held in three trusts...

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