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FIFTH AVE. BANK OF NEW YORK v. NUNAN

Civil Action No. 3424.

59 F.Supp. 753 (1945)

FIFTH AVE. BANK OF NEW YORK v. NUNAN, Collector of Internal Revenue.

District Court, E. D. New York.

January 13, 1945.

Attorney(s) appearing for the Case

Finch & Schaefler, of New York City (Leon Schaefler and Edward Kurland, both of New York City, of counsel), for plaintiff.

T. Vincent Quinn, U. S. Atty., of Brooklyn, N. Y. (Stanley W. Herzfeld, Asst. U. S. Atty., of New York City, of counsel), for defendant.

MOSCOWITZ, District Judge.

Motions for summary judgment under Rule 56 of the Federal Rules of Civil Procedure 28 U.S.C.A. following section 723c, have been made by both parties. The action is brought by the executor of Henry Hill, deceased, to recover the sum of $9,353.98 with interest, representing the portion of the federal estate tax paid under protest by that estate.

Henry Hill died on August 11, 1941. Under date of November 1, 1934, the decedent executed...

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