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UNITED STATES v. TRADERS NATIONAL BANK OF KANSAS CITY

No. 15782.

248 F.2d 667 (1957)

UNITED STATES of America, Appellant, v. TRADERS NATIONAL BANK OF KANSAS CITY, Executor of the Estate of James Oliver Miller, Deceased, Appellee.

United States Court of Appeals Eighth Circuit.

October 18, 1957.

Attorney(s) appearing for the Case

Louise Foster, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., John N. Stull and Harry Baum, Attys., Dept. of Justice, Washington, D. C., and Edward L. Scheufler, U. S. Atty., Kansas City, Mo., were with him on the brief), for appellant.

John B. Gage, Kansas City, Mo. (Jess W. Van Ert and Gage, Hillix, Moore & Park, Kansas City, Mo., were with him on the brief), for appellee.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

The executor of the estate of James Oliver Miller, late of Kansas City, Missouri, who died testate leaving his widow, Mrs. Myrtle L. Humphrey Miller, and an adult son by a former marriage surviving him, brought this action under 28 United States Code, § 1291, to recover a deficiency in federal estate tax alleged to have been wrongfully assessed, which was paid out of the funds of the estate. The controversy arose out of the application...

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