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ANGELLO v. METROPOLITAN LIFE INSURANCE COMPANY

No. 28154.

430 F.2d 7 (1970)

Mrs. Frances ANGELLO, Widow of Jack Sparacio, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellee, and United States of America, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

June 22, 1970.

Attorney(s) appearing for the Case

Patrick M. Schott, Reuter, Reuter & Schott, New Orleans, La., for petitioner-appellant.

Richard C. Brown for Metropolitan Life Ins.

Louis C. LaCour, U. S. Atty., New Orleans, La., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Elmer J. Kelsey, Stephen H. Hutzelman, Benjamin M. Parker, Attys., Tax Div., United States Dept. of Justice, Washington, D. C., for intervenor-appellee.

Before AINSWORTH, DYER and SIMPSON, Circuit Judges.

DYER, Circuit Judge:

This is a companion case to Mitchell v. Commissioner of Internal Revenue, 5 Cir. 1970, 430 F.2d 1, decided this day. Essentially the same question is posed in both cases: i. e., under Louisiana community property law is the wife's interest in the community of such a character that her separate property is liable for one-half of the income taxes due on the community income? The District Court found that...

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