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IN RE ESTATE OF RATH

No. 77-1403.

608 F.2d 254 (1979)

In re ESTATE of B. Joseph RATH, Deceased. The DETROIT BANK AND TRUST COMPANY, Executor, and Catherine Rath, Surviving Wife, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 19, 1979.

Attorney(s) appearing for the Case

James K. Robinson, U. S. Atty., Detroit, Mich., M. Carr Ferguson, Asst. Atty. Gen., Michael L. Paup, Richard Farber, Gilbert E. Andrews, Dept. of Justice, Tax. Div., App. Section, Washington, D. C., for defendant-appellant.

James E. Beall, Beaumont, Smith & Harris, Detroit, Mich., for plaintiffs-appellees.

Before LIVELY, Circuit Judge, CECIL, Senior Circuit Judge, and BROWN, District Judge.

CECIL, Senior Circuit Judge.

This is an appeal by the defendant-appellant, United States of America, from a judgment in the United States District Court for the Eastern District of Michigan granting a refund to the plaintiffs-appellees in an action for recovery of income taxes alleged to have been erroneously collected.

The case was submitted to the trial judge by counsel for the parties on a stipulation of facts.

As of March 4, 1964, B. Joseph Rath...

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