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DIECKMANN v. UNITED STATES

No. 75-1992.

550 F.2d 622 (1977)

Richard R. DIECKMANN et al., Appellants, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Decided February 18, 1977.

Rehearing Denied April 7, 1977.

Attorney(s) appearing for the Case

Sanford B. Hertz, Denver, Colo. (Robert M. Bearman, Denver, Colo., with him on the brief), for appellants.

Wynette J. Hewett, Atty., Tax Division, Dept. of Justice, Washington, D.C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Crombie J. D. Garrett, and Libero Marinelli, Jr., Attys., Tax Division, Dept. of Justice, Washington, D.C., James L. Treece, U.S. Atty., and David T. Fisher, Asst. U.S. Atty., Denver, Colo., with him on the brief), for appellees.

Before SETH and HOLLOWAY, Circuit Judges, and CHILSON, Senior United States District Judge.

PER CURIAM.

The appellants appeal the dismissal for lack of subject matter jurisdiction in their suit to recover funds asserted to be theirs which were used to satisfy the tax liability of another. The appellants alleged that, together with members of their class, they had entrusted a sum of approximately $800,000.00 with Continental Silver Corporation to be used to purchase silver. The Internal Revenue Service levied on the funds to satisfy the tax liabilities of...

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