RACHLES v. MANNING

Civ. A. No. 303-49.

105 F.Supp. 438 (1952)

RACHLES et al. v. MANNING.

United States District Court D. New Jersey.

April 21, 1952.


Attorney(s) appearing for the Case

Gurtman & Schomer, Aaron Z. Schomer, Passaic, N. J., for plaintiffs.

Grover C. Richman, Jr., U. S. Atty., Camden, John J. Corcoran, Jr., Asst. U. S. Atty., Newark, N. J., Clarence J. Nickman, Sp. Asst. to Atty. Gen., for defendant.


HARTSHORNE, District Judge.

This is a suit for refund of Federal Estate taxes which plaintiffs were compelled to pay defendant. Defendant, after answer filed, moves for summary judgment, claiming that the pleadings and affidavits filed "show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.Rules Civ.Proc. rule 56, 28 U.S. C.A.

In outline, the undisputed facts are that decedent...

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