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U.S. v. ESTATE OF STONEHILL

No. 10-35789.

660 F.3d 415 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Harry S. STONEHILL, the ESTATE OF; Robert P. Brooks, the Estate of, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 2011.

Attorney(s) appearing for the Case

Randolph Lyons Hutter , Frank Phillip Cihlar , Charles Duffy , Bethany B. Hauser , U.S. Department of Justice, Tax Division, Washington, D.C., for the appellee.

Robert Eldon Heggestad , Jonathan Cohen , John Richard Gerstein , Troutman Sanders, LLP, Washington, D.C., Paul L. Gale , Troutman Sanders, LLP, Irvine, CA, for the appellants.

Before: ALEX KOZINSKI, Chief Judge, THOMAS M. REAVLEY, and WILLIAM A. FLETCHER, Circuit Judges.

OPINION

W. FLETCHER, Circuit Judge:

Harry Stonehill and Robert Brooks ("Taxpayers") appeal the district court's denial of their Rule 60(b) motion to vacate a 1967 tax judgment against them. Based on evidence discovered through the Freedom of Information Act ("FOIA"), Taxpayers argue that the government committed fraud on the court during their 1967 suppression hearing, United States v. Stonehill, 274 F.Supp. 420

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