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THOMAS v. UNITED STATES

Civ. No. 36444.

207 F.Supp. 609 (1962)

Joseph THOMAS, Executor of the Estate of Allen L. Weisberger, Deceased, and The National City Bank of Cleveland, Trustee U/W of Allen L. Weisberger, Deceased, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court N. D. Ohio, E. D.

June 22, 1962.

Attorney(s) appearing for the Case

Wm. T. Walker and John M. Glenn, Buckingham, Doolittle & Burroughs, Akron, Ohio, for plaintiffs.

Russell E. Ake, U. S. Atty., Cleveland, Ohio, for defendant.

KALBFLEISCH, District Judge.

This suit for tax refund is decided upon the parties' agreed stipulation of facts. The plaintiffs are the executor under the will of Allen L. Weisberger and the trustee of a testamentary trust created by the decedent in that will. Allen Weisberger died testate in Akron, Ohio, on November 13, 1952. He is survived by his wife and two sons. After making two minor bequests, the decedent provided in his will that the residue of his estate should...

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