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BANKERS TRUST COMPANY v. UNITED STATES

191 F.Supp. 792 (1961)

BANKERS TRUST COMPANY and Leonard M. Wallstein as Executors of the Will of Charles Newman, deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

March 27, 1961.

Attorney(s) appearing for the Case

Wallstein, Menschel & Wallstein, New York City, for plaintiffs, Leonard M. Wallstein, Benjamin Menschel and Leonard M. Wallstein, Jr., New York City, of counsel.

Morton S. Robson, U. S. Atty., for Southern Dist. of New York, New York City, for defendant, Lola S. Lea, Asst. U. S. Atty., New York City, of counsel.

PALMIERI, District Judge.

This is an application pursuant to Fed.R.Civ.P. 60(b), 28 U.S.C.A. for relief from the order of this court, dated December 29, 1960, granting the Government's motion for summary judgment and denying the plaintiffs' cross-motion for summary judgment.1 In dismissing plaintiffs' tax refund claim, I ruled in favor of the Government's contention that statistical data, without more, was insufficient to demonstrate that...

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