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FIRST NATIONAL BANK OF MONTGOMERY v. UNITED STATES

No. 545-57.

280 F.2d 818 (1960)

FIRST NATIONAL BANK OF MONTGOMERY, Executor of the Estate of Algernon Blair v. UNITED STATES.

United States Court of Claims.

July 15, 1960.

Attorney(s) appearing for the Case

H. Cecil Kilpatrick, Washington, D. C., for plaintiff. Fred S. Ball, Jr., and Ball & Ball, Montgomery, Ala., were on the brief.

Robert Livingston, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland and Myron C. Baum, Washington, D. C., were on the brief.

PER CURIAM.

This case in which plaintiff seeks the recovery of an alleged overpayment of Federal estate taxes was referred pursuant to Rule 45(a) to Mastin G. White, a trial commissioner of this court, 28 U.S.C., with directions to make findings of fact and to recommend conclusions of law which the commissioner has done in a report filed November 13, 1959.

The court, having considered the evidence, the briefs and argument of counsel and being in agreement...

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