SLOAN, District Judge.
In the complaint in the above stated case plaintiff seeks to recover the sum of $3,351.12 which he alleges was erroneously assessed and collected as estate tax allegedly due defendant on the Estate of H. L. Edmondson, deceased.
The case being at issue, plaintiff has filed a motion for summary judgment in his favor on the ground that "the answer of the Defendant admits the allegations contained in the complaint and sets up no defense...
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