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BELL v. UNITED STATES

Civ. A. No. 1199-58.

184 F.Supp. 181 (1960)

Melvin H. BELL, Franz Lissauer and Morrison Feldman, Executors of the Estate of Samuel W. Rice, Deceased, Transferee of the Assets of Ribe Holding Company, Dissolved, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. New Jersey.

May 9, 1960.

Attorney(s) appearing for the Case

Harold Kamens, Newark, N. J., for plaintiffs; William A. Ancier, Newark, N. J., of counsel.

Chester A. Weidenburner, U. S. Atty., Charles H. Hoens, Jr., Asst. U. S. Atty., Newark, N. J., Jack F. Blair, Atty., Dept. of Justice, Washington, D. C., appearing for the Government.

MEANEY, District Judge.

In this action the plaintiffs allege erroneous assessment and collection of certain taxes and seek refund thereof.

The testimony and exhibits establish the following facts:

Ribe Holding Co., a New Jersey corporation, was the owner of real estate in Newark, N. J. This real estate was listed for sale with a broker in 1950, and it was represented that the stockholders, rather than the corporation itself, were to be the sellers...

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