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NORSTAR BANK OF UPSTATE NEW YORK v. UNITED STATES

No. 84-CV-1594.

644 F.Supp. 1112 (1986)

NORSTAR BANK OF UPSTATE NEW YORK, formerly State Bank of Albany, as Trustee under Agreement with Mildred J. Ricoy, Deceased, Dated 3/28/79, Plaintiff, v. The UNITED STATES of America, Defendant.

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

October 7, 1986.

Attorney(s) appearing for the Case

Pattison, Sampson, Ginsberg & Griffen, P.C., Troy, N.Y., for plaintiff; Edward H. Pattison, of counsel.

Frederick J. Scullin, Jr. U.S. Atty., George A. Yanthis, Asst. U.S. Atty., N.D. N.Y., Albany, N.Y.; United States Dept. of Justice, Terri E. Schapiro, Trial Atty., Tax Division, Washington, D.C., for defendant.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

On October 14, 1984, plaintiff Norstar Bank of Upstate New York ("Norstar") commenced this action pursuant to 28 U.S.C. § 1346(a)(1)(1982) to recover estate taxes claimed to have been illegally assessed and collected.1 Subsequent to the commencement of this action, the parties agreed there were no genuine issues of material fact relating to the question of liability and...

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