UNITED STATES v. DUNCAN

No. 75-1526

527 F.2d 1278 (1975)

UNITED STATES of America, Appellant, v. Sarah Elizabeth DUNCAN, Executrix of the Estate of Edna Smith.

United States Court of Appeals, Third Circuit.

Decided December 23, 1975.

As Amended March 5, 1976.


Attorney(s) appearing for the Case

Rex E. Lee, Asst. Atty. Gen., Jonathan L. Goldstein, U. S. Atty., Allen H. Sachsel, Atty., App. Sect., Civ. Div., Dept. of Justice, Washington, D. C., for appellant.

George T. Dougherty, Katz, Bitterman & Dougherty, Trenton, N. J., for appellee.

Before VAN DUSEN, ADAMS and ROSENN, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

This action was instituted by the United States against Sarah Elizabeth Duncan, the Executrix of the Edna C. Smith Estate, to recover monies that had been paid to Edna C. Smith. Mrs. Smith had signed the name of her deceased mother on government checks that had been issued to the mother, negotiated the checks at a bank, and then appropriated the money to her own use.

The sole defense of the Executrix was...

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