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BELKNAP v. UNITED STATES

No. 18201.

406 F.2d 737 (1969)

Edith M. BELKNAP and Kentucky Trust Company, Executor of the Estate of William B. Belknap, Deceased, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

January 28, 1969.

Attorney(s) appearing for the Case

Jonathan S. Cohen, Dept. of Justice, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Jonathan S. Cohen, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellant; Ernest W. Rivers, U. S. Atty., Louisville, Ky., of counsel.

William D. Grubbs, Louisville, Ky., (R. C. Hobson, Louisville, Ky., on the brief), for appellees; Woodward, Hobson & Fulton, Louisville, Ky., of counsel.

Before O'SULLIVAN and PHILLIPS, Circuit Judges, and CECIL, Senior Circuit Judge.

PER CURIAM.

This is an appeal from a judgment of the United States District Court for the Western District of Kentucky, 278 F.Supp. 337 determining that certain income arising out of a lease was taxable as gains from the sale of a capital asset rather than as ordinary income.

William B. Belknap1 and his wife Edith M. Belknap (hereinafter referred to...

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