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POLLYEA v. GRODSKY

No. 29975.

315 S.W.2d 460 (1958)

Jack H. POLLYEA and Anne Pollyea (Plaintiffs) Respondents, v. Sam E. GRODSKY and Flora G. Grodsky, his wife; Maurice J. Ross; Maury Grodsky; Bess Grodsky; Joseph B. Bronstein and Ida Bronstein, his wife, Defendants, United States of America, Intervenor (Defendant) Appellant.

St. Louis Court of Appeals, Missouri.

Motion to Transfer Denied August 8, 1958.

Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., James P. Garland, Robert Coe, Dept. of Justice, Washington, D. C., Harry Richards, U. S. Atty., John A. Newton, Asst. U. S. Atty., St. Louis, for U. S.

Morris A. Shenker, Owen Jackson, St. Louis, for Sam Grodsky et al.

Julius A. Razovsky, St. Louis, for Maurice Ross et al.

Edward A. Dubinsky, Sidney W. Horwitz, Dubinsky & Duggan, John J. Bantle, Sp. Comm., St. Louis, for respondents.

Motion to Transfer to Supreme Court Denied August 8, 1958.

HOUSER, Commissioner.

This is an action for partition of real estate, filed in the Circuit Court of the City of St. Louis under the provisions of § 528.030 et seq. This appeal was taken by intervenor United States of America from an order allowing $2,300 attorney's fees and the taxing of the same as costs.

In March, 1953 federal income taxes in amounts in excess of $2,300 each were assessed...

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