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GILLESPIE v. U.S.

No. 676, Docket 93-6171.

23 F.3d 36 (1994)

George J. GILLESPIE, III; Morgan Guaranty Trust Company of New York, as Executors of the Last Will and Testament of Eugene Meyer III and as Trustees of the Trust for the Benefit of Eugene Meyer III under agreement dated January 16, 1956, as amended, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 13, 1994.

Attorney(s) appearing for the Case

John E. Beerbower, New York City (Cravath, Swaine & Moore, on the brief), for plaintiffs-appellants.

Robert W. Sadowski, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., S.D.N.Y., Ping C. Moy, Asst. U.S. Atty., on the brief), for defendant-appellee.

Before KEARSE and JACOBS, Circuit Judges, and CARTER, District Judge.

KEARSE, Circuit Judge:

Plaintiffs George J. Gillespie, III, and Morgan Guaranty Trust Company of New York ("Morgan"), executors of an estate, appeal from so much of a judgment of the United States District Court for the Southern District of New York, entered after a bench trial before Gerard L. Goettel, Judge, as granted them a refund of assessed federal estate taxes and interest in the amount of only $1,088,524, rather than the requested amount of $1,510,094...

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