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CASTELL v. UNITED STATES

20 F.Supp. 175 (1937)

CASTELL v. UNITED STATES.

District Court, S. D. New York.

July 20, 1937.

Attorney(s) appearing for the Case

Albert G. Avery and Jay E. Whiting, both of New York City (Charles D. Hamel and John Enrietto, both of Washington, D. C., of counsel), for plaintiff.

Lamar Hardy, U. S. Atty., of New York City (Irvin C. Rutter, Asst. U. S. Atty., of New York City, of counsel), for the United States.

KNOX, District Judge.

This is a motion by plaintiff for summary judgment in an action against the United States to recover an alleged overpayment of taxes.

The papers submitted state the following facts: The will of Paul Isenberg, who died in 1903, bequeathed to his widow, Beta Isenberg, a fund of securities composed principally of stock in four Hawaiian sugar plantations. These securities were on deposit with H. Hackfield & Co., Ltd., an Hawaiian corporation...

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