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JOHN v. UNITED STATES

Civ. A. No. 5464.

138 F.Supp. 89 (1956)

Harry G. JOHN, Jr., Lorraine Elise, John Mulberger, Adele K. Miller, Executrix of the Will of Frederick C. Miller, deceased, Charles M. Bransfield, Claire Miller McCahey, Marguerite Miller Bransfield, Loretta Kopmeier, Charlotte E. Blommer, residuary legatees under Will of Fred A. Miller, deceased, late of the City of Wauwatosa, County of Milwaukee, State of Wisconsin, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. Wisconsin.

February 16, 1956.

Attorney(s) appearing for the Case

A. W. Schutz, Milwaukee, Wis., for plaintiffs.

Edward G. Minor, U. S. Atty., Howard W. Hilgendorf, Asst. U. S. Atty., Milwaukee, Wis., for defendant.

GRUBB, District Judge.

This case is before the Court on a motion of the defendant for judgment on the pleadings brought under Rule 12(c), 28 U.S.C.A. The facts as appear in the complaint are as follows: The plaintiffs are the residuary legatees under the will of Fred A. Miller, deceased. His will was admitted to probate on the 27th of December, 1943. In 1945 the executor filed an estate tax return to which the government took exception. The executor had valued the...

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