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ALL v. McCOBB

No. 367, Docket 27986.

321 F.2d 633 (1963)

Harold R. ALL, District Director of Internal Revenue, District of Connecticut, Appellant, v. Frances M. McCOBB, Executrix of the Estate of Thomas C. McCobb, Appellee.

United States Court of Appeals Second Circuit.

Decided August 21, 1963.

Attorney(s) appearing for the Case

Michael I. Smith, Atty., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Harry Baum, attorneys, Dept. of Justice, Washington, D. C., on the brief), (Robert C. Zampano, U. S. Atty.), for appellant.

William Reeves, Bridgeport, Conn. (Pullman, Comley, Bradley & Reeves, Bridgeport, Conn., on the brief), (David O. Jackson and James W. Venman, Bridgeport, Conn., of counsel), for appellee.

Before MOORE, HAYS and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

This is an appeal by the District Director of Internal Revenue for the District of Connecticut, defendant below, from an order of the United States District Court for the District of Connecticut, Blumenfeld, J., which granted the taxpayer's motion for summary judgment and denied the defendant's motion for summary judgment. McCobb v. All, 206 F.Supp. 901 (D.Conn.1962).

The plaintiff, Frances M....

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