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CLARK v. UNITED STATES

No. 5427.

267 F.2d 501 (1959)

James Cameron CLARK, Jr., et al., Executors, Plaintiffs, Appellants, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals First Circuit.

June 4, 1959.

Attorney(s) appearing for the Case

Charles L. Kades, New York City, with whom Louis S. Auchincloss, New York City, and Geoffrey A. Sawyer, Boston, Mass., were on brief, for appellants.

L. W. Post, Attorney, Department of Justice, Washington, D. C., with whom Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, and Robert N. Anderson, Attorneys, Department of Justice, Washington, D. C., Peter Mills, U. S. Atty., and Elmer E. Runyon, Asst. U. S. Atty., Portland, Me., on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Chief Judge.

This is an appeal from a judgment of the United States District Court for the District of Maine, entered pursuant to an order granting the government's cross-motion for judgment on the pleadings in a case initiated by the executors of the estate of Edith S. Fabbri, deceased, seeking recovery of an alleged overpayment of estate taxes. Clark v. United States, D.C.1958, 167 F.Supp. 54.

The judgment...

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