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NATIONAL BANK OF COMMERCE IN MEMPHIS v. UNITED STATES

Civ. No. 67-256.

288 F.Supp. 391 (1968)

NATIONAL BANK OF COMMERCE IN MEMPHIS and John S. Montedonico, Co-Executors of the Estate of Elizabeth G. Frank, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. Tennessee, W. D.

June 28, 1968.

Attorney(s) appearing for the Case

Charles H. Davis, Memphis, Tenn., for plaintiff.

Thos. L. Robinson, U. S. Atty., Memphis, Tenn., H. Stennis Little, Jr., Dept. of Justice, Washington, D. C., for defendant.

OPINION ON MOTION FOR SUMMARY JUDGMENT

ROBERT M. McRAE Jr., District Judge.

National Bank of Commerce in Memphis and John S. Montedonico, Co-Executors of the Estate of Elizabeth G. Frank, initiated this action against the United States of America for refund of alleged overpayment of Federal Estate Tax in the amount of $82,601.37, plus interest. The plaintiffs and the defendant have made motions for summary judgment.

In the decedent's will four residuary...

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