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MILLER v. UNITED STATES

Civ. A. No. 66-188.

267 F.Supp. 182 (1967)

Horace S. MILLER, Jr. and Isabel M. Campbell, Co-Executors of the Estate of Isabella Steel Miller, deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. Pennsylvania.

April 19, 1967.

Attorney(s) appearing for the Case

Mitinger & Mitinger, Greensburg, Pa., for plaintiff.

Gustave Diamond, U. S. Atty., and Michael B. Arkin, Atty., Dept. of Justice, Washington, D. C., for the United States.

OPINION

DUMBAULD, District Judge.

It is agreed by both parties that the solution to the problems presented by the case at bar is to be found in the principles set forth in Strite v. McGinnes, 330 F.2d 234 (C.A.3, 1964), and Security-Peoples Trust Co. v. United States, 238 F.Supp. 40 (W.D.Pa.1965). But, understandably, they differ as to the conclusion which those principles require with...

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