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ARZT v. SAVARESE

No. Civ.A. 98-354 MMS.

36 F.Supp.2d 653 (1999)

Carol S. ARZT, Executrix of the Estate of Elvira Royle Sullivan, Plaintiff, v. Marilyn D. SAVARESE, Successor Trustee of the Elvira R. Sullivan Trust dated November 11, 1970; Ashleigh Moorhouse, Misty Kiesler, and Monica C. Moorhouse, Beneficiaries; and Nationsbank, Trustee of the Elvira R. Sullivan Trust dated July 6, 1935, Defendants.

United States District Court, D. Delaware.

February 3, 1999.

Attorney(s) appearing for the Case

Norris P. Wright, and Michael A. Weidinger, of Morris, James, Hitchens & Williams, Wilmington, DE, for plaintiff.

William H. Sudell, Jr., and Derek C. Abbott, of Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for defendants Marilyn D. Savarese, Successor Trustee and Nations-Bank, Trustee.

Peter S. Gordon, and Jane T. Monahan, of Gordon Fournaris & Mammarella, P.A., for defendant Ashleigh Moorhouse, Misty Kiesler, and Monica C. Moorhouse.

OPINION

SCHWARTZ, Senior District Judge.

I. INTRODUCTION

Plaintiff Carol S. Arzt ("Arzt"), Executrix of the Estate of Elvira R. Sullivan ("Estate") seeks reimbursement of approximately $300,000 from defendants, beneficiaries of the Estate for federal estate taxes paid by her on behalf of the Estate. Arzt claims a statutory right of reimbursement under 26 U.S.C. § 2207B. On July 6, 1998, the defendants filed a motion to dismiss and Arzt...

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