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ROBINSON v. UNITED STATES

Civ. No. 1078.

369 F.Supp. 925 (1974)

F. Lee ROBINSON, Executor of the Estate of Fred L. Robinson, Deceased, Plaintiff, v. The UNITED STATES of America Defendant.

United States District Court, D. Montana, Billings Division.

As Amended January 13, 1974.

Attorney(s) appearing for the Case

Donald D. Cole, Granat & Cole, Stephen Granat, Malta, Mont., for plaintiff.

Roger M. Olsen, Trial Atty., Tax Div., Dept. of Justice, Washington, D. C., Otis L. Packwood, U. S. Atty., Dist. of Montana, Billings, Mont., for defendant.

ORDER

BATTIN, District Judge.

Presently pending in this action is a motion for judgment filed by the defendant. It is certain that the pivotal issue in this cause is one of law.

The facts in this action may be easily reviewed. The decedent, Fred L. Robinson, died testate on November 25, 1969, a resident of Malta, Montana. The will which was executed by the decedent on November 25, 1968, was admitted to probate and F. Lee Robinson was appointed executor...

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