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UNITED STATES v. HERSHBERGER

No. 72-1416.

475 F.2d 677 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Ralph G. HERSHBERGER et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 13, 1973.

Attorney(s) appearing for the Case

William S. Estabrook, III, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen.; Meyer Rothwacks and Richard W. Perkins, Attorneys, Tax Div., Dept. of Justice), Washington D. C., for plaintiff-appellant.

Thomas A. Wood, Wichita, Kan., for defendants-appellees Hershberger.

Before HILL, McWILLIAMS and BARRETT, Circuit Judges.

HILL, Circuit Judge.

The United States of America appeals from a summary judgment dismissing its suit to foreclose federal tax liens against the interest of Ralph G. Hershberger in homestead property owned by him and his wife, Esther. The United States District Court for the District of Kansas, 338 F.Supp. 804, held that Esther's homestead exemption under the laws of the State of Kansas prevented the United States from enforcing...

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