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BEECHER v. UNITED STATES

No. 13094.

280 F.2d 202 (1960)

Sanford D. BEECHER and William White, Jr., Executors of The Estate of John Richard Geary, Appellants v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided June 24, 1960.

Attorney(s) appearing for the Case

Joseph W. Price, 3d, Philadelphia, Pa., Duane, Morris & Heckscher, Philadelphia, Pa., of counsel (Sanford D. Beecher, Philadelphia, Pa., on the brief), for appellants.

Charles B. E. Freeman, Washington, D. C., Walter E. Alessandroni, U. S. Atty., James J. Phelan, Jr., Asst. U. S. Atty., Philadelphia, Pa. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Attys., Dept. of Justice, Washington, D. C., on the brief), for the United States.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

This appeal concerns the application of the federal estate tax. The appellants who are executors of the Estate of John Richard Geary, deceased, have paid the tax claim asserted against the estate and sue to recover part of the amount paid. The district court denied recovery, D.C. E.D.Pa.1959, 172 F.Supp. 323, and the executors appeal. It is not disputed that all correct procedural steps have been taken...

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