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COUNCIL v. UNITED STATES

No. GC 6655.

302 F.Supp. 1315 (1969)

Harold T. COUNCIL, Executor of the Estate of Eloise LeGrand Council, Deceased, and Harold T. Council, Individually, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court N. D. Mississippi, Greenville Division.

September 8, 1969.

Attorney(s) appearing for the Case

C. S. Tindall and Frank S. Thackston, Jr., of Lake, Tindall & Hunger, Greenville, Miss., for plaintiffs.

H. M. Ray, U.S.Atty., Oxford, Miss., Hubert M. Doster, Refund Trial Section No. 2, Johnnie M. Walters, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OPINION

ORMA R. SMITH, District Judge.

Plaintiff sues defendant herein for an alleged erroneous overpayment of estate taxes on the estate of Eloise LeGrand Council. Plaintiff contends that the taxes involved were erroneously and illegally assessed and collected by defendant. Plaintiff seeks to recover the taxes with interest. The material facts are not in dispute.

The issues have been submitted to the Court for its decision on the pleadings...

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