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MORRISTOWN TRUST CO. v. MANNING

No. 10706.

200 F.2d 194 (1952)

MORRISTOWN TRUST CO. v. MANNING.

United States Court of Appeals Third Circuit.

Decided November 26, 1952.

Attorney(s) appearing for the Case

Benjamin Harrow, Sr., New York City (Schenck, Price, Smith & King, Morristown, N. J., Arthur L. Harrow, New York City, Harold A. Price, Morristown, N. J., on the brief), for appellant.

Joseph F. Goetten, Sp. Asst. to Atty. Gen. (Ellis N. Slack, Acting Asst. Atty. Gen., Lee A. Jackson and Joseph F. Goetten, Sp. Assts. to Atty. Gen., Grover C. Richman, Jr., U. S. Atty., and Roger M. Yancey, Asst. U. S. Atty., Newark, N. J., on the brief), for appellee.

Before MARIS, GOODRICH and HASTIE, Circuit Judges.

PER CURIAM.

This is an appeal by the plaintiff from a judgment of the district court dismissing its action brought to recover federal estate tax alleged to have been erroneously exacted by the Collector from the estate of the plaintiff's decedent, Henry W. Williams, who died January 30, 1936. Two questions are involved. The first is whether certain annuity contracts purchased by the decedent payable to himself during his...

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