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WAGNER v. UNITED STATES

No. 308, Docket 27916.

316 F.2d 871 (1963)

Thelma WAGNER and Melvin Goldman, Administrators with the Will annexed of the goods, chattels and credits which were of Constantin Wagner, deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 25, 1963.

Attorney(s) appearing for the Case

Deane Ramey, New York City, for plaintiffs-appellants.

Bruno Lederer, Washington, D. C. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, Robert Arum, Asst. U. S. Atty., of counsel), for defendant-appellee.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

PER CURIAM.

In this tax-refund action against the United States in the Southern District of New York, Judge Bryan rendered an opinion on June 29, 1961, which concluded:

"The Government's motion for summary judgment will therefore be granted and judgment will be entered accordingly. "It is so ordered."

On the same day the Clerk of the District Court entered judgment for the defendant. Nearly a year later, plaintiffs served notice of a motion...

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