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DICKSTEIN v. McDONALD

Nos. 12524-12527.

255 F.2d 640 (1958)

Harry DICKSTEIN v. Joseph T. McDONALD, Appellant (two cases). Sadie DICKSTEIN and Morris B. Gelb, Executors of the Estate of Samuel Dickstein, v. Joseph T. McDONALD, Appellant (two cases).

United States Court of Appeals Third Circuit.

Decided May 29, 1958.

Attorney(s) appearing for the Case

Carolyn R. Just, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Jules G. Korner, 3d, Washington, D. C. (Ernest D. Preate, Scranton, Pa., Richard S. Doyle, Washington, D. C., Herman H. Krekstein, Philadelphia, Pa., Blair, Korner, Doyle & Worth, Washington, D. C., on the brief), for appellees.

Before MARIS, KALODNER and STALEY, Circuit Judges.

PER CURIAM.

These are appeals by the defendant, a former collector of internal revenue, from judgments rendered by the district court in favor of the plaintiffs in suits brought against him to recover certain income taxes for the years 1944, 1945 and 1946 alleged to have been erroneously exacted by him. The basic question is whether the trustees of certain trusts created by the plaintiffs really and truly intended to join together with the plaintiffs and others in...

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