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IRVINE v. U.S.

No. 89-5616.

936 F.2d 343 (1991)

John O. IRVINE and First Trust National Association, a national banking corporation, as co-personal representatives of the Estate of Sally O. Irvine, Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 10, 1991.

Rehearing and Rehearing Granted, Opinion and Judgment Vacated September 20, 1991.

Attorney(s) appearing for the Case

Jonathan S. Cohen, Washington, D.C., for appellant.

Phillip H. Martin, Minneapolis, Minn., for appellees.

Before McMILLIAN and BOWMAN, Circuit Judges, and BRIGHT, Senior Circuit Judge.

Rehearing and Rehearing En Banc Granted, Opinion and Judgment Vacated September 20, 1991.

McMILLIAN, Circuit Judge.

The United States (hereinafter the government) appeals from a final order entered in the District Court for the District of Minnesota granting summary judgment in favor of John O. Irvine and First Trust National Association (hereinafter taxpayers) as the personal representatives of the Estate of Sally Ordway Irvine (hereinafter Mrs. Irvine) and...

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