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UNITED STATES v. HUNT

No. 74-1406.

513 F.2d 129 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Richard B. HUNT et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 21, 1975.

Attorney(s) appearing for the Case

Ann Belanger Durney, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen.; Gilbert E. Andrews, Bennet N. Hollander, Robert A. Bernstein, Tax Div., Dept. of Justice, Washington, D. C., on the brief; of counsel: Richard V. Thomas, U. S. Atty.), for appellant.

H. Clandillon Phibbs, II, Jackson, Wyo., for appellee, Hunt.

Before HILL, SETH and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

The United States, plaintiff below (hereinafter referred to as Government, Internal Revenue Service or IRS), appeals from a District Court order granting Summary Judgment to Richard B. Hunt, one of the defendants below (hereinafter referred to as Hunt or appellee), together with an order dismissing its complaint and cause of action. Jurisdiction vests by reason of 28 U.S.C. § 1291.

The Summary Judgment filed by the trial court...

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