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CLARK v. UNITED STATES

Civ. No. 1073.

167 F.Supp. 54 (1958)

James Cameron CLARK, Jr., and Minot K. Milliken, as Executors of the Estate of Edith S. Fabbri, Deceased, v. UNITED STATES of America.

United States District Court D. Maine, N. D.

September 26, 1958.

Attorney(s) appearing for the Case

Philip Lovell, Ellsworth, Me., Louis S. Auchincloss, and Charles L. Kades, Hawkins, Delafield & Wood, New York City, for plaintiffs.

Peter Mills, U. S. Atty., Portland, Me., Rufus E. Stetson, Jr., Dept. of Justice, Tax Division, Washington, D. C., for defendant.

GIGNOUX, District Judge.

This matter comes before the Court upon plaintiffs' motion for judgment on the pleadings and defendant's cross-motion for judgment on the pleadings under Rule 12(c), Federal Rules of Civil Procedure, 28 U.S.C.A.

The principal action was brought by complaint filed March 24, 1958 pursuant to the provisions of 28 U.S.C.A. §§ 1340 and 1346(a) (1). It seeks recovery of $175,199.49 of...

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