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NEW ENGLAND MERCHANTS NAT. BANK OF BOSTON v. UNITED STATES

Civ. A. No. 65-837-C.

265 F.Supp. 888 (1967)

NEW ENGLAND MERCHANTS NATIONAL BANK OF BOSTON u/w Martha A. Alford, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Massachusetts.

March 31, 1967.

Attorney(s) appearing for the Case

Samuel B. Potter, Gaston, Snow, Motley & Holt, Boston, Mass., for plaintiff.

Robert F. Sama, Dept. of Justice, Washington, D. C., Paul F. Markham, U. S. Atty., and Joseph A. Lena, Asst. U. S. Atty., Boston, Mass., for defendant.

OPINION

CAFFREY, District Judge.

This is a civil action against the United States to recover $406,405.36, being a portion of a federal estate tax somewhat in excess of $2,000,000 previously paid by the plaintiff to the United States. The parties filed cross-motions for summary judgment on the basis of pleadings and an amended stipulation of facts and submitted the matter for decision on the basis of memoranda of law. The stipulated facts are as follows:...

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