STERN v. UNITED STATES

Civ. A. No. 6252.

164 F.Supp. 847 (1958)

David STERN, III, and Louise Beggs Stern, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. Louisiana, New Orleans Division.

August 11, 1958.


Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, Eberhard P. Deutsch, Rene H. Rimel, Jr., H. Paul Simon, New Orleans, La., for plaintiffs.

Charles K. Rice, Asst. Atty. Gen., James P. Garland, Lyle M. Turner, Robert Livingston, Attys., Dept. of Justice, Washington, D. C., M. Hepburn Many, U. S. Atty., Norman W. Prendergast, Asst. U. S. Atty., New Orleans, La., for defendant.


J. SKELLY WRIGHT, District Judge.

This case concerns "Francis," the talking mule. Francis is a product of World War II. It was created by a lonely second lieutenant in the Pacific theater of operations who sometimes wondered whether there was anything in the Army lower than a second lieutenant. Francis convinced him there was. Now, seven motion pictures later, that second lieutenant, the taxpayer here, is claiming that the income from "Francis" is entitled to capital...

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