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HAMIL v. FAHS

Civ. No. 2339.

129 F.Supp. 837 (1955)

Laura Lasley HAMIL, as Executrix of the Last Will and Testament of George H. Mason, Deceased, Plaintiff, v. John L. FAHS, formerly the Collector of Internal Revenue, for the District of Florida, Defendant.

United States District Court, S. D. Florida, Tampa Division.

March 30, 1955.

Attorney(s) appearing for the Case

T. M. Shackleford, Jr., Shackleford, Farrior, Shannon & Stallings, Tampa, Fla., A. Obie Stewart, Tampa, Fla., Crawford & May, Jacksonville, Fla., for plaintiff.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Lester L. Gibson, Sp. Assts. to Atty. Gen., James L. Guilmartin, U. S. Atty., Miami, Fla., Frank J. Muscarella, Jr., Asst. U. S. Atty., Tampa, Fla., for defendant.

WHITEHURST, District Judge.

This is an action in which plaintiff, as executrix of the last will and testament of George H. Mason, deceased, seeks to recover an alleged over-payment of estate taxes in the amount of $12,731.61 and interest thereon, alleged to have been erroneously and illegally assessed against and collected from the estate of the decedent.

At a pre-trial conference counsel suggested that the issues involved might be simplified by consideration...

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