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GIUSTINA v. UNITED STATES

Civ. Nos. 64-32 to 64-36.

267 F.Supp. 40 (1967)

N. B. GIUSTINA and Ehrman Giustina, as Co-Executors of the Estate of Erminio Giustina, Deceased, and Irene Giustina, Plaintiffs, v. UNITED STATES of America, Defendant. Anselmo GIUSTINA and Josephine Giustina, Plaintiffs, v. UNITED STATES of America, Defendant. Natale B. GIUSTINA and Jacqueline Giustina, Plaintiffs, v. UNITED STATES of America, Defendant. Ehrman V. GIUSTINA and Marion Lee Giustina, Plaintiffs, v. UNITED STATES of America, Defendant. Gregory H. GIUSTINA and Verda M. Giustina, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Oregon.

Rehearing Denied April 24, 1967.

Attorney(s) appearing for the Case

William E. Dougherty, Portland, Or., for plaintiffs.

Norman Sepenuk, Asst. U. S. Atty., and Sidney I. Lezak, U. S. Atty., Portland, Or., for defendant.

OPINION

KILKENNY, District Judge:

In 1947, the plaintiffs organized Giustina Brothers Partnership (the partnership), and the partnership became the owner of extensive timber lands in Oregon. The partners also controlled Giustina Brothers Lumber Company (the corporation), an Oregon corporation. On July 1, 1948, the partnership entered into a contract with the corporation which provided for the sale by the partnership to the corporation of certain standing...

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