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GRIFFIN v. UNITED STATES

No. 17969.

400 F.2d 612 (1968)

George W. GRIFFIN, Jr., and William R. Griffin, Co-Executors of the Estate of George W. Griffin, Deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

September 12, 1968.

Attorney(s) appearing for the Case

Richard W. Iler, Louisville, Ky., Thomas W. Bullitt, on brief; Bullitt, Dawson & Tarrant, Louisville, Ky., of counsel, for appellants.

Louis M. Kauder, Department of Justice, Washington, D. C., Mitchell Rogovin, Asst. Atty. Gen., Meyer Rothwacks, David O. Walter, Attys., Department of Justice, Washington, D. C., on brief; George I. Cline, U. S. Atty., Lexington, Ky., of counsel, for appellee.

Before WEICK, Chief Judge, and EDWARDS and COMBS, Circuit Judges.

EDWARDS, Circuit Judge.

The appellants in this appeal are co-executors of the estate of George W. Griffin. They seek a refund of $27,924.11 which they have paid in federal estate taxes upon a $100,000 bequest contained in the George W. Griffin will.

An agreed on statement of facts describes and quotes the critical provisions of the will as follows:

"Clause III(a) and (b) of Mr. Griffin's Will contains a bequest of $100,000 to The Kentucky Trust Company...

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