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GUARANTY TRUST CO. OF NEW YORK v. JOHNSON

No. 118, Docket 20813.

165 F.2d 298 (1948)

GUARANTY TRUST CO. OF NEW YORK et al. v. JOHNSON.

Circuit Court of Appeals, Second Circuit.

January 5, 1948.

Attorney(s) appearing for the Case

Duer, Taylor, Wright, Woods & Chapman, of New York City (John S. Chapman, Jr., and Harter F. Wright, both of New York City, of counsel), for plaintiffs-appellants.

John F. X. McGohey, U. S. Atty., of New York City (Henry L. Glenn, Asst. U. S. Atty., of New York City, of counsel), for defendant-appellee.

Before CHASE, CLARK and FRANK, Circuit Judges.

CHASE, Circuit Judge.

Louise B. Goldsmith died a resident of New York on November 18, 1943. Her last will and testament was filed for probate in New York County. The plaintiffs, duly appointed and qualified executors of her will, brought suit in the District Court for the Southern District of New York to recover with interest estate taxes paid to the defendant collector. The District Court denied their motion for summary judgment and dismissed their complaint on the...

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