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MURPHY v. UNITED STATES

No. 6047.

78 F.Supp. 236 (1948)

MURPHY et al. v. UNITED STATES.

District Court, S. D. California, C. D.

May 28, 1948.

Attorney(s) appearing for the Case

Claude I. Parker, Ralph W. Smith, John Moore Robinson and Robert M. Himrod, all of Los Angeles, Cal., for plaintiffs.

James M. Carter, U. S. Atty., E. H. Mitchell and George M. Bryant Asst. U. S. Attys., and Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, all of Los Angeles, Cal., for defendant.

MATHES, District Judge.

Plaintiff executrix sues to recover interest on an alleged overpayment of federal estate tax, [I.R.C. § 3771(a), 26 U.S.C.A. Int.Rev.Code, § 3771(a).] Jurisdiction conferred upon this court by 28 U.S.C.A. § 41(20) is invoked.

There is no issue as to the facts, which are disclosed by the pleadings and pretrial stipulations to be as follows: Antoinette E. Murphy died June 16, 1938, a citizen of California and a resident...

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