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IN RE FIRST FEDERAL SAV. AND LOAN ASS'N OF DURHAM

Nos. 87-3656, 88-3515.

860 F.2d 135 (1988)

In re FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF DURHAM, Petitioner. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF DURHAM, Plaintiff-Appellant, v. James A. BAKER, III, Secretary of the Treasury, Department of the Treasury, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 26, 1988.

Rehearing Denied December 21, 1988.

Attorney(s) appearing for the Case

John Martin Bray, Washington, D.C., for plaintiff-appellant.

Nancy Gerry Morgan, Washington, D.C., for defendant-appellee.

Before WIDENER and SPROUSE, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

Rehearing Denied in No. 88-3515 December 21, 1988.

SPROUSE, Circuit Judge:

First Federal Savings and Loan Association of Durham (the taxpayer) brought this mandamus action against James A. Baker, III, the Secretary of the Treasury of the United States, to compel him to pay a tax refund which the taxpayer contends was required by a settlement agreement between it and the Department of Justice representing the Internal Revenue Service (IRS). The district court...

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