VAN DYKE v. KUHL

No. 9610.

171 F.2d 187 (1948)

VAN DYKE et al. v. KUHL.

United States Court of Appeals Seventh Circuit.

December 3, 1948.


Attorney(s) appearing for the Case

Arthur L. Jacobs, Dept. of Justice, Washington, D. C., Timothy T. Cronin, U. S. Atty., of Milwaukee, Wis., Theron L. Caudle, Asst. Atty. Gen., and George A. Stinson, Ellis N. Slack, and James P. Garland, Special Assts. to the Atty. Gen., for appellants.

Howard R. Johnson, of Milwaukee, Wis., for appellee.

Before MAJOR, Chief Judge and KERNER and MINTON, Circuit Judges.


KERNER, Circuit Judge.

We are asked to determine whether a judgment in a prior action between the parties for the recovery of federal estate taxes precludes the maintenance of this action.

The facts are stipulated. On February 13, 1941 Anne Hamilton McIntosh died testate, and on December 2, 1941 plaintiffs as executors of her last will and testament filed an estate tax return evidencing a federal tax due. Plaintiffs paid the Collector the amount of the tax...

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