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SOUTHEAST BANK OF ORLANDO v. UNITED STATES

No. 281-80T.

676 F.2d 660 (1982)

SOUTHEAST BANK OF ORLANDO, and Marcia Andersen Murphy as Co-Trustees of the Jeanette Andersen Trust v. The UNITED STATES.

United States Court of Claims.

April 7, 1982.

Attorney(s) appearing for the Case

John J. Reid, Orlando, Fla., attorney of record, for plaintiffs. Eugene B. Cawood and Giles, Hedrick & Robinson, Orlando, Fla., of counsel.

Bruce W. Reynolds, Washington, D. C., with whom was Acting Asst. Atty. Gen. John F. Murray, Washington, D. C., for defendant. Theodore D. Peyser, Jr., and Donald H. Olson, Washington, D. C., of counsel.

Before DAVIS, NICHOLS and SMITH, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFFS' CROSS-MOTION FOR SUMMARY JUDGMENT

DAVIS, Judge:

Plaintiffs are the trustees of the Jeanette Andersen Trust. In 1965, the trust sold stock, with payments to be made on notes in yearly installments from 1966 through 1980. The gain on the sale was distributed to Jeanette Andersen, the income beneficiary of the trust. She died in December 1968 and the total value of the trust, including the capital gain...

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