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DAUPHIN DEPOSIT TRUST COMPANY v. McGINNES

Civ. A. No. 6646.

208 F.Supp. 228 (1962)

DAUPHIN DEPOSIT TRUST COMPANY, Conway H. Olmsted, Henry C. Olmsted and Spencer G. Nauman, Co-Executors of the Estate of Gertrude McCormick, Deceased, Plaintiffs, v. E. A. McGINNES, Defendant.

United States District Court M. D. Pennsylvania.

August 24, 1962.

Attorney(s) appearing for the Case

Nauman, Smith, Shissler & Hall, Harrisburg, Pa., for plaintiffs.

Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, David A. Wilson, Jr., Gene A. Castleberry, Attorneys, Department of Justice, Washington, D. C., Bernard J. Brown, U. S. Atty., Daniel R. Minnick, Asst. U. S. Atty., Scranton, Pa., for defendant.

FOLLMER, Chief Judge.

This is a suit for refund of Federal Estate taxes averred by the plaintiffs and denied by the defendant to have been erroneously or illegally assessed and collected.

The facts were stipulated, argument had, and briefs were submitted, from which the Court makes the following

FINDINGS OF FACT

1. Gertrude McCormick died testate on January 24, 1953, a resident of Harrisburg, Pennsylvania.

2. Marlin Edgar Olmstead...

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