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BISHOP v. SHAUGHNESSY

Civ. Nos. 3329, 3330.

95 F.Supp. 759 (1951)

BISHOP v. SHAUGHNESSY, Collector of Internal Revenue. BISHOP v. SHAUGHNESSY, Collector of Internal Revenue.

United States District Court N. D. New York.

January 31, 1951.

Attorney(s) appearing for the Case

Smith & Sovik, Syracuse, N. Y. (Laurence Sovik and William J. Mackay, Syracuse, N. Y., of counsel), for plaintiffs.

Theron Lamar Caudie, Asst. Atty. Gen., Irving J. Higbee U. S. Atty. Syracuse, N. Y., Frederic Rita, Special Asst. to Atty. Gen. (Edmund Port, Asst. U. S. Atty., Syracuse, N. Y., of counsel), for defendants.

FOLEY, District Judge.

These actions, because of their similarity in law and facts and by stipulation of the attorneys, were tried together by this court and a jury. In accordance with Rule 49(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. and with the assistance and agreement of the attorneys, a simple, single question was formulated in each action upon the substantial factual issue of bona fide gift requiring a categorical answer from the jury. Comprehensive...

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