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MATHEY v. UNITED STATES

No. 72-1400.

491 F.2d 481 (1974)

Dean MATHEY et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Third Circuit.

Reargued November 16, 1973.

Decided January 29, 1974.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Paul M. Ginsburg, Virginia H. Gallagher, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee; Herbert J. Stern, U. S. Atty., of counsel.

Donald B. Kipp, Pitney, Hardin & Kipp, Newark, N. J., for plaintiffs-appellants; Joel A. Wolff, Newark, N. J., of counsel and on the brief.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Reargued En Banc November 16, 1973.

Argued February 12, 1973.

Before VAN DUSEN and ADAMS, Circuit Judges, and BRODERICK, District Judge.

Reargued Nov. 16, 1973.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge:

Plaintiff taxpayers, the executors of the estate of the late Helen H. Mathey, seek to recover...

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