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HOLLANDER v. UNITED STATES

No. 246, Docket 24276.

248 F.2d 247 (1957)

Barnett HOLLANDER, Executor of the Will of Lester Field, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 1, 1957.

Attorney(s) appearing for the Case

Sidney J. Schwartz, New York City, for appellant.

Paul W. Williams, U. S. Atty., New York City, for appellee. Robert J. Ward and Harold J. Raby, Asst. U. S. Attys., New York City, of counsel.

Before CLARK, Chief Judge, and SWAN and POPE, Circuit Judges.

SWAN, Circuit Judge.

Lester Field, a citizen of the United States domiciled in the state of New York, died on November 16, 1937 leaving a will which was duly admitted to probate and of which the appellant was appointed executor. The present action seeks recovery of part of the estate tax paid many years ago. It is founded upon a retroactive tax relief measure enacted as section 607 of the Revenue Act of 1951.1 The amount claimed is $25...

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