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CONTINENTAL ILL. NAT. B. & T. CO. OF CHICAGO v. UNITED STATES

Nos. 73-1967, 73-2077.

504 F.2d 586 (1974)

CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Executor of the Estate of Josephine W. Speth, Deceased, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 7, 1974.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., David English Carmack, Atty., Tax Div., Dept. of Justice, Washington, D. C., James R. Thompson, U. S. Atty., and Gary L. Starkman, Asst. U. S. Atty., Chicago, Ill., for defendant-appellant.

Leonard R. Hartenfeld, David D. Rosenstein, Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, PELL and STEVENS, Circuit Judges.

PELL, Circuit Judge.

The Continental Illinois National Bank and Trust Company of Chicago brought this action as executor of the estate of the decedent Josephine W. Speth to recover an alleged overpayment of estate tax and interest.1 After a bench trial, the district court entered judgment in favor of the taxpayer from which the Government has appealed.

The decedent Josephine Speth died...

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