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BROOKE v. UNITED STATES

Civ. No. 1513.

300 F.Supp. 465 (1969)

C. P. and Helen BROOKE, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Montana, Missoula Division.

April 10, 1969.

Attorney(s) appearing for the Case

John R. McInnes, Garlington, Lohn & Robinson, Missoula, Mont., for plaintiffs.

Moody Brickett, U. S. Atty., Butte, Mont., Edward O. C. Ord, Tax Division, Dept. of Justice, Washington, D. C., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

In support of a motion to amend the findings and conclusions reported in 292 F.Supp. 571, plaintiff urges, and correctly so, that the court in its original conclusions overlooked a treasury regulation, a revenue ruling and some decisions in reaching its conclusion. The problem now arises whether, in light of the Treasury Regulation and the Revenue Ruling and the decisions...

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