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BANKERS TRUST COMPANY v. UNITED STATES

69 Civ. 848.

308 F.Supp. 545 (1970)

BANKERS TRUST COMPANY, and Charles C. Link, Jr., as Co-Executors of the Estate of Mae Moffat, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

January 28, 1970.

Attorney(s) appearing for the Case

Gregory & Adams, New York City, for Bankers Trust Co., Co-Executor; Julian A. Gregory, New York City, of counsel.

Burns & Van Kirk, New York City, for Charles C. Link, Jr., Co-Executor; Joseph W. Burns, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, New York City, for defendant; Richard M. Hall and Richard S. Rudick, Asst. U. S. Attys., New York City, of counsel.

OPINION

MacMAHON, District Judge.

This is an action brought by Bankers Trust Company and Charles C. Link, Jr., as co-executors of the Estate of Mae Moffat. Plaintiffs seek a refund of estate taxes and interest from the date of payment. This court's jurisdiction is predicated on 28 U.S.C. § 1346(a) (1).

Both plaintiffs and defendant move for summary judgment under Rule 56, Fed.R.Civ.P. There is no genuine issue as to any material fact, and, accordingly...

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