See 70 S.Ct. 1001.
Appeal from the United States District Court for the Southern District of New York.
From a judgment dismissing the complaint on the merits after a trial without a jury in an action brought by the Executors of the Estate of Edward J. Cornish to recover income taxes imposed on the estate as a result of net capital gains realized by it on the sale of capital assets, the Executors Charles Simon and Herman T. Warshow appeal.
Alexander & Green, New York City, James D. Ewing, Lasater Terrell and Christian H. Genghof, New York City, of counsel, for plaintiffs-appellants.
Irving H. Saypol, United States Attorney, New York City, David McKibbin, Assistant United States Attorney, New York City, of counsel, for defendant-appellee.
Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.
PER CURIAM.
Affirmed on the opinion of Leibell, J. 88 F.Supp. 754.