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ILLINOIS NATIONAL BANK v. UNITED STATES

No. 12713.

273 F.2d 231 (1959)

ILLINOIS NATIONAL BANK, a Banking Corporation, as Conservator of the Estate of Earl Davenport, and Nellie Davenport, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

December 21, 1959.

Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., J. Dwight Evans, Jr., Lee A. Jackson, Robert N. Anderson, Attys., U. S. Dept. of Justice, Washington, D. C., Harlington Wood, Jr., U. S. Atty., Springfield, Ill., for appellant.

Harold M. Olsen, Olsen & Cantrill, Springfield, Ill., for appellees.

Before DUFFY, PARKINSON and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

This is an appeal by the United States of America from a judgment in the amount of $10,601.63 entered in favor of the Illinois National Bank as conservator of the estate of Earl Davenport, an incompetent person, and Nellie Davenport, the wife of Earl Davenport in a suit for refund of an alleged overpayment of $15,231.12 in federal income tax for the year 1948.

Prior to July 25, 1947 Earl Davenport and Mayme Davenport were husband and...

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