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FIDELITY & COLUMBIA TRUST CO. v. LUCAS

No. 1072.

11 F.Supp. 537 (1935)

FIDELITY & COLUMBIA TRUST CO. v. LUCAS, Collector of Internal Revenue.

District Court, W. D. Kentucky, at Louisville.

July 31, 1935.

Attorney(s) appearing for the Case

Crawford, Middleton, Milner & Seelbach, of Louisville, Ky., for plaintiff.

Bunk Gardner, Dist. Atty., G. Oldham Clarke, Asst. Dist. Atty., both of Louisville, Ky., and Robert H. Jackson, Asst. Gen. Counsel, Bureau of Internal Revenue, and Franklin F. Korell, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for defendant.

HAMILTON, District Judge.

The plaintiff in this case is seeking to recover alleged overpayment of income taxes for the calendar years 1917 to and including 1926. One of the questions involved is the proper construction of the will of L. P. Ewald. This case was before this court on demurrer to the answer of the defendant, which was overruled and a written opinion delivered and reported in 52 F.2d 298. On appeal to the Circuit Court...

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