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GORDON v. UNITED STATES

No. 461-55.

159 F.Supp. 360 (1958)

Mrs. Alexander (Elizabeth C.) GORDON (1) and Elizabeth C. Gordon Trust, Mercantile-Safe Deposit and Trust Company, Trustee (2), v. UNITED STATES.

United States Court of Claims.

March 5, 1958.

Attorney(s) appearing for the Case

David W. Richmond, Washington, D. C., for plaintiffs. Frederick O. Graves and Miller & Chevalier, Washington, D. C., were on the brief.

Theodore D. Peyser, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland, Washington, D. C., was on the brief.

PER CURIAM.

This case is before us on the report of Mastin G. White, a trial commissioner of our court, on exceptions to his report, and to his recommendation for the conclusion of law to be entered. The commissioner wrote an opinion expressing the opinion that neither Mrs. Alexander Gordon nor the trust was engaged in the real estate business in 1950 and 1951. He was of the opinion that the lots sold in those years did not constitute "property held by * * * [plaintiffs...

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