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UNITED STATES v. HEASTY

No. 8417.

370 F.2d 525 (1966)

UNITED STATES of America, Appellant, v. Eugene HEASTY, ancillary executor of the estate of Fern C. King, deceased, and Eula F. Robbins, Fern C. King and Eula F. Robbins, being the sole and only heirs of George A. Creekmore, deceased, Appellees.

United States Court of Appeals Tenth Circuit.

December 27, 1966.

Attorney(s) appearing for the Case

Jack S. Levin, Atty., Dept. of Justice (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Harry Baum and Jonathan S. Cohen, Attys., Dept. of Justice, on the brief), for appellant.

Gerald Rogers, Wellington, Kan. (F. M. Rogers, Wellington, Kan., on the brief), for appellees.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

HILL, Circuit Judge.

Appellees brought suit below to recover a refund of federal estate taxes they alleged the government erroneously assessed and collected. From an adverse decision and judgment by the District Court, the government has perfected this appeal.

The stipulated facts reveal the following: The decedent, George A. Creekmore, whose estate the government taxed, acquired several tracts of land during his...

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