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CITY NATIONAL BANK OF BATON ROUGE v. UNITED STATES

No. 24061.

383 F.2d 341 (1967)

CITY NATIONAL BANK OF BATON ROUGE, Testamentary Executor of the Succession of Para Pierce Aldrich, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 14, 1967.

Attorney(s) appearing for the Case

Victor A. Sachse, Breazeale, Sachse & Wilson, Baton Rouge, La., for appellant.

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Robert Waxman, Attys., Dept. of Justice, Washington, D. C., Louis C. LaCour, U. S. Atty., New Orleans, La., Walter F. Gemeinhardt, First Asst. U. S. Atty., of counsel, for appellee.

Before RIVES and DYER, Circuit Judges, and JOHNSON, District Judge.

Rehearing Denied En Banc September 14, 1967.

PER CURIAM:

The issue of whether a one-third interest in a Louisiana partnership was a taxpayer's separate property as a bona fide partner with her husband was originally decided by the district court adversely to the taxpayer, in an opinion reported as Aldrich v. Usry, E.D.La.1962, 211 F.Supp. 330. The district court held that the taxpayer had failed to prove the existence...

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