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SCHWAN v. U.S.

No. CIV 01-4171.

264 F.Supp.2d 887 (2003)

Mark D. SCHWAN, Paul M. Schwan, and Lawrence A. Burgdorf, as Co-Executors of the Estate of Marvin M. Schwan Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. South Dakota, Southern Division.

March 17, 2003.

Attorney(s) appearing for the Case

Mark F. Marshall, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, Gregory M. Weyandt, Rider, Bennett, Egan & Arundel, Minneapolis, MN, for Mark D. Schwan, Co-executor of the Estate of Marvin M. Schwan est Marvin M. Schwan, Paul M. Schwan, Co-executor of the Estate of Marvin M. Schwan, Lawrence A. Burgdorf, Co-executor of the Estate of Marvin M. Schwan, executor plaintiffs.

Michelle G. Tapken, U.S. Attorney's Office, Sioux Falls, SD, Daniel R. Conrad, Donald N. Dowie, U.S. Department of Justice, Special Litigation/Tax Division, Washington, DC, for United States of America, defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

Pending before the Court are the parties' cross-motions for summary judgment. The motions has been extensively briefed by the parties and both parties have filed supplemental submissions. For the reasons stated below, the Plaintiffs' Motion for Summary Judgment will be denied, and the Defendant's Motion for Summary Judgment will be granted. Also pending before the Court is Defendant's Motion to Strike Portions...

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