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IN RE RENNIE'S ESTATE

No. 135-70.

430 F.2d 1388 (1970)

In re RENNIE'S ESTATE. Addie B. TAGGART, Administratrix of the Last Will and Testament and the Estate of Mary Isabella Rennie, Deceased, Appellee. v. UNITED STATES of America, Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 6, 1970.

Attorney(s) appearing for the Case

Carolyn Just, Atty., Dept. of Justice, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson and Elmer J. Kelsey, Attys., Dept. of Justice, and Richard V. Thomas, U. S. Atty., and Tosh Suyematsu, Asst. U. S. Atty., of counsel, with her on the brief), for appellant.

Carl L. Lathrop, of Lathrop, Lathrop & Uchner, Cheyenne, Wyo. (Harry L. Harris, Evanston, Wyo., with him on the brief), for appellee.

Before LEWIS, Chief Judge, and SETH and HICKEY, Circuit Judges.

SETH, Circuit Judge.

This is a suit commenced in the United States District Court for the District of Wyoming to obtain a refund of federal estate taxes. The trial court entered judgment ordering a refund, and the Government has taken this appeal. See Taggart v. United States, 306 F.Supp. 430 (U.S.D.C.Wyo.).

The issue concerns the apportionment or nonapportionment of federal...

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