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McLEAN v. UNITED STATES

No. 23095.

224 F.Supp. 726 (1963)

Walter R. McLEAN, Executor Under the Will of Agnes O. McLean, Deceased, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court E. D. Michigan, S. D.

December 27, 1963.

Attorney(s) appearing for the Case

John B. DeVine, Ann Arbor, Mich., for plaintiff.

John B. Jones, Jr., Acting Asst. Atty. Gen., Edward S. Smith, David A. Wilson, Jr., Solomon Fisher, Attys., Dept. of Justice, Washington, D. C., Lawrence Gubow, U. S. Atty., Robert F. Ritzenhein, Asst. U. S. Atty., Detroit, Mich., for defendant.

FREEMAN, District Judge.

This is an action for the recovery of that portion of a federal estate tax paid by plaintiff pursuant to a deficiency assessment against the estate of decedent's husband, Warren D. McLean, and is now before the Court on cross-motions for summary judgment based on a stipulation of all pertinent facts.

On March 28, 1955, Warren D. McLean and Agnes O. McLean, husband and wife, executed a joint and mutual will in usual form, each giving...

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