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HAMMOND v. UNITED STATES

Civil No. H 82-264.

584 F.Supp. 163 (1984)

E. Wesley HAMMOND, Charles E. Shain, Deane C. Avery, Evan Hill and Walter Baker, Trustees of the Day Trust v. UNITED STATES of America.

United States District Court, D. Connecticut.

March 23, 1984.

Attorney(s) appearing for the Case

Mark R. Kravitz, Edwin A. James, Stacey Jackson Perkins, Wiggin & Dana, New Haven, Conn., for plaintiffs.

D. Patrick Mullarkey, Karen B. Brown, U.S. Dept. of Justice, Tax Div., Civ. Trial Section, Northern Region, Washington, D.C., for defendant.

RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

JOSÉ A. CABRANES, District Judge.

In 1916, Theodore Bodenwein, owner of The Day, a newspaper he had published in New London, Connecticut since 1891, expressed his "earnest hope [that] The Day, unlike us poor mortals, will be able to go on forever." Stipulation of Facts ("Stip.") ¶ 7 (filed May 9, 1983). By 1930, however, the publishing industry was increasingly

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