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GINSBURG v. ARNOLD

No. 13239.

185 F.2d 913 (1950)

GINSBURG et ux. v. ARNOLD et al.

United States Court of Appeals Fifth Circuit.

December 21, 1950.

Attorney(s) appearing for the Case

Frank B. Appleman, Benjamin L. Bird, and Richard U. Simon, all of Fort Worth, Tex., for appellants.

Edward J. P. Zimmerman, Ellis N. Slack, Sp. Assts. to Atty. Gen., Theron Lamar Caudle, Asst. Atty. Gen., Frank B. Potter, U. S. Atty., Fort Worth, Tex., O. Morris Harrell, Asst. U. S. Atty., Dallas, Tex., for appellees.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.

HOLMES, Circuit Judge.

This is the second appeal of this case. In the first appeal it was carefully reviewed by us in an opinion by Judge Lee, one judge dissenting. 176 F.2d 879. After the death of Judge Lee, our affirmance was vacated, and the judgment of the district court reversed and remanded for further consideration of the evidence in the light of the opinion of the Supreme Court in Commissioner of Internal Revenue v. Culbertson...

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