Supreme Court of the United States, 1955

Marcelle v. Estate of Lupia

Supreme Court of the United States · Decided March 7, 1955

348 U.S. 956; 75 S. Ct. 448; 99 L. Ed. 747; 1955 U.S. LEXIS 1511; 47 A.F.T.R. (P-H) 161 (United States Reports)

Opinion of the Court

*956Cer-tiorari, 348 U. S. 882, to the United States Court of Appeals for the Second Circuit.

Per Curiam:

We reject the construction placed upon the statute by the Fifth Circuit and approve the construction placed thereon by the Second Circuit, whose judgment is affirmed.

With him on the brief were Solicitor General Sobeloff, Assistant Attorney General Holland, Marvin E. Frankel, Ellis N. Slack and Walter Akerman, Jr. Leon London filed a brief for respondents.

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