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CLARKE v. UNITED STATES

No. 10419.

189 F.2d 101 (1951)

CLARKE v. UNITED STATES.

United States Court of Appeals Third Circuit.

Filed May 25, 1951.

Attorney(s) appearing for the Case

John Wintersteen, Morse Garwood, Philadelphia, Pa. (MacCoy, Evans & Lewis, Philadelphia, Pa., on the brief), for appellant.

Morton K. Rothschild, Washington, D. C., (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Lee A. Jackson, Special Assts. to the Atty. Gen., Gerald A. Gleeson, U. S. Atty., Thomas J. Curtin, Asst. U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before MARIS, STALEY and HASTIE, Circuit Judges.

MARIS, Circuit Judge.

This is an appeal from a judgment entered against the plaintiff by the District Court for the Eastern District of Pennsylvania in a suit brought by her against the United States to recover income taxes which she alleges have been erroneously exacted.

The plaintiff was the widow of Edward S. Wagner and is coexecutor of his estate with the Provident Trust Company of Philadelphia. Wagner, who was a resident of Montgomery County, Pennsylvania...

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