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CHEMICAL BANK NEW YORK TRUST COMPANY v. UNITED STATES

249 F.Supp. 461 (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.

February 4, 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, Asst. U. S. Atty., of counsel.

LEVET, District Judge.

This is a tax refund action. Plaintiff alleges the erroneous and illegal collection of certain estate taxes. The facts have been largely stipulated, and are set out at length in a prior opinion in this case, 249 F.Supp. 450 (60 Civ. 1744, S.D.N.Y., January 5, 1966). The prior opinion, on motions by both parties for summary judgment, determined all of the issues in this action, with one exception. The prior...

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