REMIS v. UNITED STATES

No. 5538.

273 F.2d 293 (1960)

David REMIS, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals First Circuit.

January 6, 1960.


Attorney(s) appearing for the Case

John A. McNiff, Peabody, Mass., with whom Pearl & McNiff, Peabody, Mass., was on brief, for appellant.

George F. Lynch, Atty., Dept. of Justice, Washington, D. C., with whom Howard A. Heffron, Acting Asst. Atty. Gen., and Lee A. Jackson and A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before WOODBURY, Chief Judge, HARTIGAN, Circuit Judge, and SWEENEY, District Judge.


SWEENEY, District Judge.

This is an appeal from a judgment dismissing the complaint for lack of jurisdiction. Appellant, purchaser at a mortgagee's sale of a parcel of real estate, seeks to quiet title as against the United States which asserts liens, junior in time to the mortgage, against the property for taxes owing by the mortgagor. The suit was brought under 28 U.S.C. § 2410 (a), which provides that "* * * the United...

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