NORTHERN TRUST COMPANY v. UNITED STATES

No. 16377.

389 F.2d 731 (1968)

The NORTHERN TRUST COMPANY as Trustee Under Agreement No. 25,304 With Walter S. Carr Dated January 1, 1959, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 8, 1968.


Attorney(s) appearing for the Case

Sharon L. King, Marshall G. Sampsell, of Isham, Lincoln & Beale, Chicago, Ill., for appellant.

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Richard C. Pugh, Meyer Rothwacks, Deene R. Goodlaw, Jonathan S. Cohen, Attorneys, Tax Division, Department of Justice, Washington, D. C., Edward V. Hanrahan, U. S. Atty., Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and DUFFY and KNOCH, Senior Circuit Judges.


KNOCH, Senior Circuit Judge.

In an action brought to recover excessive payment of federal estate tax, assessed interest plus statutory interest thereon, the District Judge denied summary judgment for plaintiff, The Northern Trust Company, as Trustee under Agreement No. 25,304 with Walter S. Carr dated January 1, 1959, and entered summary judgment in favor of the defendant, United States of America, from which this appeal has been taken on the ground that the defendant...

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