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BURKE v. MILLER

No. 80-1558 Summary Calendar.

639 F.2d 306 (1981)

Frank M. BURKE, Jr., Plaintiff-Appellant, v. G. William MILLER, Secretary of the Treasury, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

January 23, 1981.

Attorney(s) appearing for the Case

Thompson & Knight, James Yuill Robb, III, Buford P. Berry, Emily A. Parker, Dallas, Tex., for plaintiff-appellant.

M. Carr Ferguson, Asst. Atty. Gen., Michael L. Paup, Richard Farber, Daniel F. Ross, Attys., Tax Div., Dept. of Justice, Washington, D. C., Kenneth J. Mighell, U. S. Atty., Fort Worth, Tex., for defendants-appellees.

Before GEE, RUBIN and RANDALL, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The reasons the district court lacks jurisdiction are fully set forth in its lucid opinion. Burke v. Blumenthal, 504 F.Supp. 35 (N.D.Tex.1980). We affirm the dismissal of this case for lack of jurisdiction.

The appellants argue that it is clear the government could not ultimately prevail on the merits under any circumstances. For the reasons set forth in the government's brief, the...

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