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WACHOVIA BANK & TRUST CO. v. UNITED STATES

No. C-78-426-WS.

499 F.Supp. 615 (1980)

WACHOVIA BANK & TRUST COMPANY, N.A., and J. Robert Philpott, Co-Executors of the Estate of Mary Cecil Sink, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, M. D. North Carolina, Winston-Salem Division.

September 30, 1980.

Attorney(s) appearing for the Case

Gaither S. Walser of Brinkley, Walser, McGirt, Miller & Smith, Lexington, N. C., for plaintiffs.

Richard F. Mitchell, Tax Division, U. S. Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OPINION AND ORDER

HIRAM H. WARD, District Judge.

This matter came before the Court on the parties' cross-motions for summary judgment upon stipulated facts. Having considered the pleadings, deposition, stipulation of facts, briefs and arguments of counsel, the Court will grant plaintiffs' motion for the reasons that follow.

The plaintiffs, Wachovia Bank & Trust Co., N.A. (Wachovia) and J. Robert Philpott, are co-executors of the estate...

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