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MALM EX REL. ESTATE OF MALM v. U.S.

No. CIV.A2-05-48.

420 F.Supp.2d 1040 (2005)

Roger C. MALM, Personal Representative of the Estate of Harry MALM, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. North Dakota, Northeastern Division.

November 30, 2005.

Attorney(s) appearing for the Case

Jon Jay Jensen, Pearson Christensen, Grand Forks, ND, for Plaintiff.

Michael S. Raum, US Department of Justice, Washington, DC, for Defendant.

ORDER GRANTING MOTION TO DISMISS

ERICKSON, District Judge.

Before the Court is a motion by Defendant to dismiss (doc. # 5). Plaintiff filed a brief in opposition (doc. # 8).

FACTS

Harry Malm died on August 5, 1998. His estate included shares of Medtronic stock. The IRS disputed the estate's valuation of that stock. The dispute wound up in court, and on July 23, 2003, this Court ruled that the IRS' stock valuation was correct.

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