DUNCAN v. UNITED STATES

No. 16310.

247 F.2d 845 (1957)

Elizabeth Terry DUNCAN and The State National Bank of El Paso, Independent Executors of The Estate of Ernest Allen Duncan, Deceased, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 1, 1957.


Attorney(s) appearing for the Case

Eugene T. Edwards, El Paso, Tex., for appellant.

C. Moxley Featherston and Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Dept. of Justice, and Holvey Williams, Asst. U. S. Atty., El Paso, Tex., for appellee. Hilbert P. Zarky, Atty., Dept. of Justice, Washington, D. C., Russell B. Wine, U. S. Atty., San Antonio, Tex., for the United States.

Before RIVES, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The problem here is whether the following items in the Estate of Dr. Duncan:

  Item I.   16 stocks purchased principally through1 the
            Hutton & Co. account                              $73,268.54
  Item II.  Credit balance Hutton & Co. account                 1,783.97
  Item III. State National Bank, El Paso, balance account
            in name of E. A. Duncan           ...

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