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UNITED STATES v. AUGSPURGER

No. CIV-76-595E.

508 F.Supp. 327 (1981)

UNITED STATES of America, Plaintiff, v. Dorothy P. AUGSPURGER, Executrix of the Will of Charles H. Augspurger, and Loeb, Rhoades & Co., Defendants.

United States District Court, W. D. New York.

February 25, 1981.

Attorney(s) appearing for the Case

Louis J. Lombardo, Tax Div., Dept. of Justice, Washington, D. C., for plaintiff.

Leland G. Cook, Jaeckle, Fleischmann & Mugel, Buffalo, N. Y., for defendant Augspurger.

Harry P. Trueheart, III, Nixon, Hargrave, Devans & Doyle, Rochester, N. Y., for defendant Loeb, Rhoades.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Now before me in this convoluted action arising from a tax refund erroneously paid to Charles H. Augspurger, now deceased, are plaintiff's motion for entry of judgment against Dorothy P. Augspurger, as executrix of said payee's Will, in the amount of $61,080.62 plus $7.88 for each day following June 30, 1980 (the return date for said motion), and for entry of judgment against Loeb, Rhoades & Co. pursuant to...

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