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DISTRICT OF COLUMBIA v. UNIVERSITY OF NOTRE DAME DU LAC

No. 13663.

246 F.2d 697 (1957)

DISTRICT OF COLUMBIA, Petitioner, v. UNIVERSITY OF NOTRE DAME DU LAC, Trustee under the Will of Albert F. Zahm, Deceased, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided June 6, 1957.

Attorney(s) appearing for the Case

Mr. Henry E. Wixon, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Owen J. Malone, Asst. Corp. Counsel, were on the brief, for petitioner.

Mr. William A. Glasgow, Washington, D. C., with whom Messrs. George E. Hamilton, William B. Jones and John L. Hamilton, Washington, D. C., were on the brief, for respondent.

Before WILBUR K. MILLER, WASHINGTON and BASTIAN, Circuit Judges.

PER CURIAM.

The question in this case is whether a transfer by will to a non-resident educational institution (University of Notre Dame du Lac, located at Notre Dame, Indiana) of the sum of $100,000, to use the net income "for the payment of the tuition and related university fees for study at The Catholic University of America [located in Washington, D. C.] for doctoral degrees by as large a number of Notre Dame predoctoral...

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