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DODGE v. UNITED STATES

No. 27103.

413 F.2d 1239 (1969)

Nina N. DODGE, also known as Nina N. (Dodge) Cullinan, Plaintiff-Appellee v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

July 24, 1969.

Attorney(s) appearing for the Case

William A. Meadows, Jr., U. S. Atty., Miami, Fla., Johnnie M. Walters, Asst. Atty. Gen., Tax Div., U. S. Dept. of Justice, Washington, D. C., Lee A. Jackson, Harry Marselli, Jeanine Jacobs, Jonathan S. Cohen, John P. Burke, Attys., Dept. of Justice, Washington, D. C., for appellant.

E. Jackson Boggs, Walter E. Humkey, Albert C. O'Neill, Jr., of Fowler, White, Collins, Gillen, Humkey & Trenam, Tampa, Fla., for appellee.

Before WISDOM and MORGAN, Circuit Judges, and DAVIS, Judge of the U. S. Court of Claims.

DAVIS, Judge:

In the first part of 1960, plaintiff-appellee (whom we shall call Mrs. Dodge) and her then husband (Dr. Henry W. Dodge, Jr.) owned some six acres near Rochester, Minnesota, valued at more than $165,000; her share was 67½ percent and his the remainder. They wished to give this property to the Sisters of St. Francis Academy of Our Lady of Lourdes (the Sisters), a religious group, in such a way as to take advantage of the federal tax provisions relating...

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