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GUNN v. UNITED STATES

No. T-3331.

233 F.Supp. 931 (1964)

Mary Etta GUNN, Administratrix C.T.A. of the Estate of Etta C. Isaacson, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Kansas.

July 27, 1964.

Attorney(s) appearing for the Case

Howard A. Jones, of Addington, Jones & Haney, Topeka, Kan., for plaintiff.

Robert W. Ryan, Jr., Tax Division, Department of Justice, Washington, D. C., Elmer Hoge, Asst. U. S. Atty., Topeka, Kan., for defendant.

TEMPLAR, District Judge.

This was an action to recover estate taxes allegedly erroneously paid to the United States of America. The Court has considered the matter on the written stipulation of facts, agreed upon and submitted by the parties, and upon the briefs submitted by counsel.

It was stipulated that the residuary clause of the Will of one Fred A. Isaacson giving rise to the controversy provided as follows:

"All the remainder of my estate, both...

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