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MORRISTOWN TRUST CO. v. MANNING

Civ. 3991.

104 F.Supp. 621 (1951)

MORRISTOWN TRUST CO. v. MANNING, U. S. Internal Revenue Collector.

United States District Court D. New Jersey.

December 19, 1951.

Attorney(s) appearing for the Case

Schenck, Price, Smith & King, Morristown, N. J., Harold A. Price, Morristown, N. J., Benjamin Harrow, New York City, of counsel, for plaintiff.

Grover C. Richman, Jr., U. S. Atty., by Roger M. Yancey, Asst. U. S. Atty., Newark, N. J., Andrew D. Sharpe, A. Barr Comstock, Special Assts. to the Atty. Gen., of counsel, for defendant.

FORMAN, Chief Judge.

This is an action to recover the sum of $9,379.81 plus statutory interest thereon, representing an alleged overpayment in federal estate taxes assessed against and collected from plaintiff, as executor of the estate of a decedent dying on January 30, 1936. The parties hereto have filed a written stipulation of facts from which the court makes the following

Findings of Fact

1. The plaintiff, Morristown Trust Co., is the executor...

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