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TIMMS v. UNITED STATES

No. CIV 79-249-TUC-RMB.

502 F.Supp. 541 (1980)

Herbert W. TIMMS, dba Petrol Express et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Arizona, Tucson Division.

December 5, 1980.

Attorney(s) appearing for the Case

Fred Luyties, Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C., Tucson, Ariz., for plaintiffs.

Michael D. Hawkins, U.S. Atty., Christopher L. Pickrell, Asst. U.S. Atty., Tucson, Ariz., Earl T. W. Ing, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., for defendant.

OPINION

BILBY, District Judge.

Plaintiff Timms initiated this action to obtain a legal interpretation of a settlement agreement between Timms and the Government settling an earlier tax suit. Timms prevailed on the merits and, following judgment in his favor,1 filed a Notice of Application to Tax Costs of $36,054.96 against the United States, pursuant to Local Rule 49(a) which provides that costs shall be assessed as provided...

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