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U.S. v. BARR

No. 09-1710.

617 F.3d 370 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Carolyn C. BARR, Defendant-Appellant, Charles J. Barr; Comerica Incorporated; City of Detroit and County of Wayne, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 4, 2010.

Attorney(s) appearing for the Case

ARGUED: Neal Nusholtz , Law Office, Birmingham, Michigan, for Appellant. John A. Nolet , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Neal Nusholtz , Law Office, Birmingham, Michigan, for Appellant. John A. Nolet , Thomas J. Clark , Department of Justice, Washington, D.C., for Appellee.

ROGERS, J., delivered the opinion of the court, in which GREER, D.J., joined. BATCHELDER, C.J. (pp. 377-80), delivered a separate opinion concurring in part and dissenting in part.

OPINION

ROGERS, Circuit Judge.

The Government seeks to foreclose the federal income tax debt owed by Charles Barr against the home that he and his wife Carolyn own as tenants by the entirety. Mrs. Barr argues on appeal, as she did before the district court, that she is entitled to the vast majority of the sale proceeds of any foreclosure sale and that foreclosure is not appropriate based on her dominant interest in the home and other equitable factors. Because...

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