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HILL v. UNITED STATES

No. 12757.

263 F.2d 885 (1959)

Herbert A. HILL and Alfred E. Hill, Executors of the Estate of Alfred W. Hill, Deceased, Appellants, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided February 25, 1959.

Attorney(s) appearing for the Case

Samuel Kalikman, Camden, N. J., for appellant.

Carter Bledsoe, Washington, D. C., for appellee, Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., Herman Scott, U. S. Atty., Newark, N. J., Robert T. Woodruff, Asst. U. S. Atty., Camden, N. J., on the brief.

Before GOODRICH and HASTIE, Circuit Judges, and EGAN, District Judge.

GOODRICH, Circuit Judge.

This is a suit to recover for taxes paid by the plaintiffs who are executors of the Estate of Alfred W. Hill, deceased. The district court gave judgment for the defendant, D.C.D.1958, 167 F.Supp. 96, and the plaintiffs appeal.

No factual dispute is involved; indeed, the facts were stipulated. Those necessary to present the point of this appeal may be very briefly stated. Alfred W. Hill died October...

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