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CHEMICAL BANK NEW YORK TRUST COMPANY v. UNITED STATES

249 F.Supp. 450 (1966)

CHEMICAL BANK NEW YORK TRUST COMPANY, as Executor of the Estate of William Deering Howe, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

January 5, 1966.

Attorney(s) appearing for the Case

Shearman & Sterling, New York City, for plaintiff; Thomas P. Ford, W. Foster Wollen, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for Southern District of New York, for defendant; Laurence Vogel, Bruno Lederer, Asst. U. S. Attys., of counsel.

LEVET, District Judge.

This is an action for the recovery of federal estate taxes alleged to have been illegally and erroneously collected. Jurisdiction is premised on 28 U.S.C. § 1346(a)(1). Each side has moved for summary judgment. Certain facts have been stipulated.

1. William Deering Howe (hereinafter called "the decedent") married Polly Brooks Howe in New York, New York, on June 27, 1921. Two children were born of the marriage, to wit, Cynthia Brooks...

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